HomeMy WebLinkAboutOrdinance No. 2021-33ORDINANCE NO.2021-33
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, REPEALING THE EXISTING
APPENDIX B, SUBDIVISIONS, SECTION I THROUGH
SECTION VIII AS IDENTIFIED IN EXHIBIT A AND
PROVIDING FOR THE ADOPTION OF A REVISED
APPENDIX B, SUBDIVISIONS, SECTION 1 THROUGH
SECTION XVII AS IDENTIFIED IN EXHIBIT B; PROVIDING
FOR SEVERABILITY; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $2,000.00 FOR EACH DAY OF
VIOLATION OF ANY PROVISION HEREOF; REPEALING
ALL OTHER ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT OR IN CONFLICT HEREWITH AND
PROVIDING FOR PUBLICATION.
WHEREAS, the City of Friendswood has reviewed its existing ordinances and determined
that due to legislative changes, changed circumstances in development practices, and the city's desire
to make its regulations as clear and concise as possible, a complete revision of the subdivision
ordinance and related regulations is in order; and
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS:
Section 1. That Appendix B, Subdivisions, Section I through Section VIB, as it
currently exists and is depicted in Exhibit "A", is hereby repealed in its entirety.
Section 2. That Appendix B, Subdivisions, Section I through Section XVII, as depicted
in Exhibit "B" is hereby adopted.
Section 3. That this Ordinance is hereby incorporated and made a part of the
Friendswood City Code of Ordinances. Violation of this Ordinance is subject to the penalty
provisions contained in such Code under Section 1-14 "General penalty for violations of Code;
continuing violations", and as otherwise provided by law. Any person who shall willfully,
intentionally, or with criminal negligence violate any provision of this Ordinance shall be deemed
guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not to exceed
$2,000.00. Each day of violation shall constitute a separate offense.
Section 4. That in the event any clause, phrase, provision, sentence, or part of this
Ordinance or the application of the same to any person or circumstances shall for any reason be
adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect,
impair, or invalidate this Ordinance as a whole or any part or provision hereof other than the part
declared to be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas,
declares that it would have passed each and every part of the same notwithstanding the omission of
any such part thus declared to be invalid or unconstitutional, whether there be one or more parts.
Section 5. That all ordinances or parts of ordinances in conflict or inconsistent with this
Ordinance are hereby expressly repealed.
Section 6. That after final passage, the City Secretary shall give notice of the enactment
of this Ordinance by promptly publishing the information required by the City Charter in the official
newspaper of the City; the Ordinance to take effect upon publication.
PASSED and APPROVED on first reading this 1st day of NOVEMBER, 2021.
A
LKTICIA BRYSCH, Ci e etary
APPROVED AS TO FORM:
m�
MARY kAY FIS R, City Attorney
rG
Ord. No. 2021-33
PASSED and APPROVED on second and final reading this 6th day of DECEMBER,
2021
MIKE F , Mayor
ST:
LETICIA BRYSCFL Cityecretary
APPROVED AS TO FORM:
Ord. No. 2021-33
EXHIBIT "A"
Appendix B - SUBDIVISIONS
Section I. - General.
a. Purpose. The purpose of this section is to establish the procedures and requirements for the
submittal, review, consideration and action by the commission to provide the necessary details and
orderly processing of the subdivision of land within the city and its extraterritorial jurisdiction.
b. Plat approval required.
1. It shall be unlawful for any person to subdivide any tract, lot, or parcel of land within the city or
its extraterritorial jurisdiction unless and until a preliminary and final plat of such subdivision has
been approved, or an exemption satisfied, in accordance with the terms of this appendix.
Unless and until a preliminary and final plat, amending plat or replat of a subdivision shall have
been first approved in the manner provided herein by the commission or an exemption satisfied,
it shall be unlawful for any person to construct or cause to be constructed any street, utility,
facility, building, structure, or any other improvement on any lot, tract, or parcel of land within
such subdivision, except as specifically permitted herein.
2. No building, plumbing, electrical or mechanical permit shall be issued by the city for the
construction of any structure on a lot or tract in a subdivision for which a final plat has not been
approved by the commission and fled for record or certificate of exemption issued. No site plan
shall be approved by the city for the construction of any structure on a lot or tract in a
subdivision for which a preliminary plat has not been approved by the commission, or certificate
of exemption issued. No building, plumbing, electrical, or mechanical permit shall be issued by
the city for the construction or repair of any structure on a lot or tract in a subdivision in which
the permanent public improvements have not been approved and accepted by the city.
3. Large tract division. A division of land under subsection b.1 of this section does not include a
division of land into parts greater than five acres, where each part has access and no public
improvement is being dedicated. Access shall be satisfied by compliance with section III.b.1(a).
Upon request by the owner of a tract resulting from this division who qualifies, the city must
issue a certificate of exemption certifying that the division meets this exception.
4. Partial plat approval. Notwithstanding subsection b.1 of this section, a subdivision plat need not
include all of a tract being divided if:
(a) General.
The portion of the tract being divided but not included within the plat boundaries is not
intended to be a part of the development reflected in the proposed plat; or
(ii) If some or all of the portion being divided but not included within the plat boundaries
is intended to be a part of the development reflected in the proposed plat, then such
part may be platted in a subsequent phase of the development, provided the person
dividing the property submits a conceptual plan pursuant to section Il.a that meets
with city approval;
(b) The tracts being divided:
(i) Each have access that complies with section III.b.1(a); and
(ii) Each are greater than five acres in size;
(c) Excluding the portion of the tract being divided but not included within the plat boundaries
will not substantially alter or impede any pending or anticipated development;
(d) The boundaries of the portion of the tract not included within the plat are depicted and
identified on the plat of the subdivision by dashed lines as provided for by section
II.b.2(c)(2), and with a notation thereon indicating that development of such tract is
contingent upon a subdivision plat thereof being filed and approved by the city, it such plat
is required;
(a) The plat application includes an acknowledgement, executed by the owner of the tract
being divided, confirming that development of the portion of the tract not included within the
plat boundaries would be contingent upon a subdivision plat being filed and approved by
the city, if such plat is required, in accordance with the rules and regulations of the city
governing plats and the subdivision of land in effect at the time the application for plat
approval for such portion is sought; and
(f) The general purposes of this appendix will be served without the necessity of including
such tract within the boundaries of the plat.
5. Upon request by the owner of the tract resulting from a division under subsection 4(a)(1) of this
section that is not intended to be a part of the development reflected in the proposed plat, and
who qualifies, the city must issue a certificate of exemption certifying that the division meets this
exception.
c. Authority. The city shall not repair, maintain, install or provide any street or public utility service, nor
authorize the sale or supply of water or sewer service, in any subdivision for which a final plat has
not been approved by the commission and filed for record. The city shall not repair, maintain, install,
or provide any street or public utility service, nor authorize the sale or supply of water or sewage
service, in any subdivision in which the permanent public improvements have not been approved
and accepted by the city.
d. Exemptions. The provisions of these subdivision regulations shall not apply to:
1. Annexed and consolidated areas. Land legally platted and approved prior to the effective date
of the city's subdivision regulations with frontage on an existing, improved public street and with
all utilities and public infrastructure needed to serve the land.
2. In -fill tract. Land constituting one or more contiguous tracts with total acreage of less than five
acres with frontage on an existing, improved public street and with all utilities and public
infrastructure needed to serve the land, for which a legal deed of record describing the
boundary of said tract or parcel was fled of record in the deed records of the county clerk of the
appropriate county on or before the effective date of the ordinance from which this appendix is
derived.
3. Certificate of exemption. Upon request by the owner of a tract who qualifies for an exemption
under subsection d.1 or d.2 of this section, the city must issue a certificate of exemption
certifying that the division meets this exception.
e . Definitions. The following definitions shall apply in the interpretation and the enforcement of this
appendix. The terms not defined herein shall be construed in accordance with the ordinances of the
city or their customary usage and meaning in municipal planning and engineering practices.
Access or accessway means the public or private street by which pedestrians and vehicles shall
have lawful and usable ingress and egress to a property line, provided, however, that access may be
provided through a private easement in a commercial development.
Alleys. Alleys shall only be used to provide secondary access to lots which otherwise have their
primary access from an adjacent street. Minimum pavement width for alleys shall be 20 feet.
Block means an area of land within a subdivision entirely bound by streets (other than alleys),
highways, natural barriers, or the exterior boundaries of the subdivision.
Block length means the distance along a side of a street between the nearest two streets which
intersect said street on said side.
Block -face means one side of a city street between two consecutive intersections.
City means the City of Fdendswood, Texas, a municipal corporation located within Galveston and
Harris Counties, Texas.
Commission means the planning and zoning commission of the City of Friendswood, Texas.
Comprehensive plan means the general plan adopted by the city council for the growth and
development of the city and its environs, including any and all elements of such plan, addressing such
topics as land use, streets and thoroughfares, utilities, drainage, parks, community facilities and schools
as well as other related topics or plans.
Conceptual plan means a plan showing all of the proposed improvements, including, but not limited
to, streets, lots, drainageways, etc.
Council means the duly elected governing body of the City of Friendswood, Texas.
Cul-de-sac means a dead-end street with turnaround.
Filed final plat means the date of the commission meeting that the plat is set for action.
Final plat means a complete and exact subdivision plan prepared in conformity with the provisions of
this appendix and other related ordinances and in a manner suitable for recording with the county clerk of
the county or counties in which said subdivision is located.
Frontage means that side of a lot abutting an accessway where the lot is assigned an address.
In -fill tract means any vacant tract or tracts of land that can be developed for the use for which they
are zoned, and which are surrounded by, or adjacent to, existing developed property.
Lot means a physically undivided tract or parcel of land having frontage on an accessway and which
is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as
a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been property recorded.
Preliminary plat means a map or drawing of a proposed subdivision prepared in accordance with the
provisions of this appendix and which illustrates the features of the development for the purpose of review
and preliminary approval by the commission.
Private streets means a right-of-way or accessway, meeting all requirements of public streets, except
owned and maintained by private interests.
Public sidewalk means the minimum paved walkway, built in conformance with the city design
criteria manual and standard construction details, located within the public right-of-way, or easement
dedicated for public use, which provides continuous pedestrian access to adjacent land.
Public streets means a public right-of-way, dedicated for public use, which provides vehicular and
pedestrian access to adjacent land. Included within this definition are the following general classification
of streets:
(a) Major thoroughfares or arterial streets means principal traffic arteries more or less continuous
across the city and which are intended to connect remote parts of the city and which are used
primarily for fast or heavy -volume traffic.
(b) Collector streets means streets which carry traffic from minor streets to the major system of
arterial streets and highways; said street may service commercial or industrial areas.
(c) Minor streets means streets which are used primarily for access to the abutting properties and
which are intended to serve traffic within a limited area.
(it) Boulevard means a collector street utilizing two 22-foot, minimum width, paved roadway
sections divided by a 12-foot-wide lane with raised median, which serves to separate traffic
moving in opposite directions.
Subdivider and/or developer are synonymous and are used interchangeably, and shall include any
person, partnership, firm, association, corporation and/or any officer, agent, employee, servant and
trustee thereof, who does, or participates in the doing of, any act toward the subdivision of land within the
intent, scope and purview of these regulations.
Subdivision or subdivide means the division of any lot, tract or parcel of land by plat, map or
description into two or more parts, lots or sites for the purpose, whether immediate or future, of sale,
rental or lease, or division of ownership. Any dedication and the laying out (or realignment) of new streets,
or other public accessways, with or without lotting, is a subdivision. The term "subdivision" or "subdivide"
also includes the resubdivision and replalting of land or lots which are part of a previously recorded
subdivision. An "addition" is a subdivision as defined herein. The term "subdivision" or "subdivide'
includes the division of land whether by plat or by metes and bounds description, and, when appropriate
to the context, shall relate to the process of subdividing or to the land subdivided.
Title certificate means a certificate prepared and executed by a title company authorized to do
business in the state or an attorney licensed in the state certifying the true owner or owners of the
property and describing all encumbrances of record which affect the property. Such certificate shall
include all property included within the platted area, and such certificate shall not have been executed
more than 45 days prior to the submission of same to the commission.
Tract means a lot or parcel of land, however denoted, fee simple title to which is owned by a person
or persons by virtue of one or more deeds or other instruments. Multiple parcels of land described in a
deed or other instrument are, despite being included in a single deed or other instrument, separate
parcels of land if such parcels are described by separate, complete legal descriptions therein.
f. Effective date and applicability means all subdivision applications fled for preliminary plat approval on
or after the effective date of the ordinance from which this appendix is derived shall be subject to
these regulations. A subdivision application filed or which has received preliminary approval prior to
the effective date of the ordinance from which this appendix is derived shall be subject to the
subdivision regulations in effect at the time of filing the application for preliminary plat approval.
(Ord. No. 2000-01, § 2, 1-17-2000; Ord. No. 2007-05, § 1(A), 4-16-2007; Ord. No. 2008-10, § 1,
5-19-2008; Ord. No. 2008-19, § 2, 7-7-2008)
Section It. - Procedures for submission of plats.
a. Staff conference and conceptual plan procedure. This is an informal process to allow an exchange of
information between the developer, staff and the commission. No approvals shall be issued for
conceptual plans. The conceptual plan for a project shall not be binding to the developer or the
commission. This procedure shall contain the following steps:
t. Staff conference. Prior to the submission of the preliminary plat, the subdivider shall confer with
the community development department staff on an informal basis to receive comments and
advice on the procedures, specifications and standards required by the city as conditions for
subdivision plat approval. At this meeting, staff shall also discuss the proposed plat and its
conformity with the comprehensive plan, its relationship to surrounding property, availability of
utilities, drainage, street pattern, and any other matters governed by this appendix.
2. Conceptual plan.
(a) Prior to submitting a preliminary plat, a subdivider may submit a conceptual plan of the
entire development for review by the commission. Notwithstanding anything in this
subsection to the contrary, a subdivider may submit a preliminary plat or plats along with a
conceptual plan of a proposed development.
(b) Only major or significant changes by the developer in the conceptual plan shall require
resubmission of such plan to the commission. Minor changes may be reviewed by staff
who may determine that changes are more than minor and resubmit proposed changes to
the commission.
3. Contents of plan. The conceptual plan shall contain the following information
(a) The proposed name of the development.
(b) The total acreage included in the entire development.
(c) The scale of the plan should be indicated.
(d) The boundaries of the total acreage of the subdivision and the boundaries of the proposed
land uses within the subdivision should be indicated.
(a) The plan shall indicate the total number of lots and the typical lot sizes.
(f) The plan shall indicate proposed streets, direction of manmade and natural drainage flows,
location of schools, parks, detention ponds and other public or private facilities.
b. Preliminary plat.
1. Following the staff conference and the submittal of the conceptual plan, all persons desiring to
subdivide a tract of land within the corporate limits of the city or within its extraterritorial
jurisdiction shall prepare or cause to be prepared a preliminary plat which shall be kept on file
with the commission, together with other supplementary information as specified below.
2. The preliminary plat submittal shall contain the information and/or language required hereunder.
(a) Title of plat shall show:
(1) Proposed name of subdivision.
(2) Legal description of subdivision, including the name of the county and surveying
abstract number.
(3) Total acreage and total number of lots, blocks and reserves. Lots within each block
shall be numbered consecutively. Blocks shall also be numbered consecutively.
(4) Name and address of owner. If owner is a company or corporation, name of the
principal officer or owner of the entity responsible for the subdivision must be given.
(5) The name of the registered professional engineer and/or registered public surveyor
responsible for the survey and design. If different from the surveyor of the boundary,
so indicate.
(6) The scale must be drawn numerically and graphically shown on the plat. The
minimum scale acceptable for a plat shall be one inch equals 100 feet. Larger scales
are permissible provided the scale chosen is divisible by ten and the area within 200
feet of the subdivision is shown on the plat.
(7) A north arm (true or magnetic indicated on the plat) shall be provided on the plat.
North shall be oriented to the top of the plat if possible, or at left side.
(8) The date on which the plat was drawn shall be indicated on the plat. (Each revision
shall bear a new date.)
(b) A vicinity map, preferably in the upper right comer of the plat, to show relation of
subdivision to well-known streets, political subdivisions and watercourses in all directions
to a distance of at least one mile. The suggested scale of the vicinity map is one inch
equals 2,000 feet and shall be oriented in the same direction as the detailed subdivision
drawing.
(c) Boundaries of ownership with bearings and overall dimensions.
(1) Area to be subdivided drawn in heavy lines with overall dimensions and bearings.
(2) Lines outside of boundaries to be dashed.
(3) An accurate location of the subdivision should be provided by reference to a well -
established survey or league corner, subdivision comer, or other known point.
(d) Contours with intervals of one-half foot, referred to sea level (U.S. Coast and Geodetic
Survey Data) as required to show at least two contours within the subdivision in addition to
those necessary to clearly show ouffall drainage. Identify basis of control and temporary
benchmark set within the subdivision.
(a) The areas outside the plat boundaries shall be identified with the names and recording
information of adjacent subdivisions or owners of record of adjoining parcels of land.
(f) The location, widths and names of all existing and proposed public and private streets or
public rights -of -way within or adjacent to the subdivision shall be indicated. All railroad
rights -of -way, pipelines, easements and other permanent features such as section lines,
boundaries of political subdivisions, on all sides for a distance of not less than 200 feet
shall also be indicated.
(g) Existing sewers, water mains, culverts, pipelines or other underground structures, and
other public utilities and buildings within the tract or within 200 feet shall be identified with
pipe sizes, grades and locations indicated.
(h) The location and approximate width or dimension of existing and proposed lakes,
watercourses, storm detention areas and drainage easements within the subdivision or
within 200 feet thereof shall be indicated.
(i) All parcels of land intended to be dedicated for public use or reserved for the use of all
property owners in the proposed subdivision, together with the conditions or limitations of
each reservation, if any, shall be identified. Those reserves not intended for residential
shall be labeled as restricted reserves and shall require additional action by the
commission prior to development as a residential lot.
(j) A preliminary drainage plan with calculations shall be provided. Floodplain information shall
also be provided with the 100-year fioodplain shown on the preliminary plat.
(k) A preliminary utility plan with calculations shall be provided.
(1) As applicable, the applicant shall concurrently process the preliminary plat for approval
with the Galveston County Consolidated Drainage District and/or Harris County Flood
Control District, whichever entity has jurisdiction.
3. Submittal.
(a) Prints of the plat and plans shall be submitted to the community development department,
for the commission by 5:00 p.m., at least eight working days prior to a meeting of the
commission, without exception. Refer to the plat submission application for the number of
prints required.
(b) Prints shall be accompanied by the completed form, entitled "Application for Preliminary
Approval of Subdivision Plat" (These forms may be obtained from the community
development department upon request.)
(c) The owner shall, along with the preliminary plat, submit a certificate or letter from a title
guaranty company or a title attorney indicating a current search and certifying to at least
the following concerning the title to the land: A statement of records examined and date of
examination; description of the property in question, including a metes and bounds
description of the tract; name of the fee owner as of the date of examination, and the date,
file number, date of filing, and volume and page of any lienholders; and general description
of any easement or fee strips granted along with the file number, dale of fling, and volume
and page of recording.
(d) The draft of any protective covenants whereby the subdivider proposes to regulate the use
of land in the subdivision shall be submitted, provided, however, that such restrictive
covenants, conditions or limitations shall not be less than the minimum requirements of the
city under the terms of these regulations.
(a) Certification stating that all current city, county, school, utility or other governmental entity
taxes due and payable have been paid or a tax certificate from the city, county, school,
utility or other governmental entity in which the land being platted is located showing no
delinquent taxes are due on the property being platted.
(f) The applicant shall submit proof that the plat was submitted to the drainage district with
jurisdiction as required by the drainage district, provided the drainage criteria of both the
city and the drainage district are the same. Proof of submittal may be a receipt of payment
or a letter on official letterhead.
4. Decision of the commission
(a) On receipt by staff of an application containing all of the information described above, staff
shall schedule the application for action by the commission on their next available agenda.
Beginning with the date the preliminary plat appears on a posted agenda, the commission
shall render a decision thereon within 30 days, providing the item is not withdrawn prior to
commission review and action. Such decision may consist of approval, disapproval, or
conditional approval. Conditional approval may be granted only in those instances where
the conditions to be satisfied are within the authority of the commission.
(b) If a preliminary plat does not meet the description of a replat per subsection f of this
section, but it amends a previously recorded subdivision map or survey for which there is
no formal recorded plat approved by law, a written notice of the meeting shall be mailed to
each owner of real property, as indicated by the most recent tax roll, situated within the
original subdivision map or survey and located within 200 feet of the exterior boundary of
the subject property, at least ten days prior to the meeting.
5. Preliminary approval will expire six months after the approval by the commission of the
preliminary plat or of final sections of a preliminary plat, except that if the subdivider shall apply
in writing prior to the end of such six-month period, stating reasons therefor, an extension may
be granted by the commission, upon a showing of good cause, for a single extension of six
months.
6. The subdivider may, at his discretion, after approval or conditional approval of a preliminary plat,
file a final plat or plats covering a portion of the preliminary plat. The remainder of the
preliminary plat shall be deemed as approved or conditionally approved as in subsections c.4
and 5 of this section, provided, however, that such approval or conditional approval of the
remainder of the preliminary plat be limited to a two-year period after approval of the pertinent
final plat or plats by the commission. Prior to the end of such two-year period, the subdivider
may apply, in writing, for a one-year extension of the preliminary plat stating the reasons for the
extension. The commission may, upon a showing of good cause, grant a single extension of up
to one year.
c. Final plat.
1. No final plat shall be considered unless a preliminary plat has been submitted and approved
(unless the alternate method of plat submission is used) and a set of final construction plans
has been approved by the city engineer for the public infrastructure improvements.
2. After the foregoing procedure has been complied with and the preliminary plat approved or
conditionally approved by commission, the subdivider shall prepare or cause to be prepared a
final plat, or plats, together with other supplementary information as specified herein. The final
plat shall conform substantially to the preliminary plat as approved and incorporate all the
provisions relating to preliminary plats in subsection b.2 of this section, except subsections
b.2(d), (g), 0) and (k). This plat shall also reflect any conditions or requirements for final
approval imposed by the commission, together with the following additional requirements:
(a) All easements necessary for utility service shall be shown on the final plat and the
applicant shall provide certification on the plat that all utility companies have been
contacted and the easements shown on the plat constitute all of the easements requested
by the utility companies.
(b) Show all streets and alleys with street names, width measured at right angles or radially
(where curved), complete curve data (radius, PC and PT), length and bearing all tangents
between curves.
(c) The plat must provide a note that all existing pipelines or pipeline easements though the
subdivision have been shown or that there are no existing pipeline easements within the
limits of the subdivision.
(d) Accurate dimensions, both linear and angular, of all items on the plat; the boundary survey
on the side shall close within one in 10,000. Linear dimensions shall be expressed in feet
and decimals of a foot; angular dimensions may be shown by bearings. Curved boundaries
shall be fully described and all essential information given; circular curves shall be defined
by actual length of radii and by degree of curve. Complete dimensional data shall be given
on fractional lots.
(a) The description and location of all lot and block corners and permanent survey reference
monuments shall be shown.
(f) Designate any sites of schools, churches, parks, sewage disposal plants, water plants,
business, industry, or other special land uses. If proposed use is unknown, designate as
unrestricted. Tracts for nonresidential use should be numbered as blocks and lots.
(g) Watercourses and ravines, as determined by actual ground survey, showing high banks
and width of existing or proposed easements.
(h) All dedication statements and certificates must be made a part of the final plat drawing
and must include, but not be limited to, the statements, the general form and content of
which are provided as examples available in the community development department.
These dedication statements and certificates and various notations include the following:
(1) Owner's acknowledgement;
(2) Execution of owners acknowledgment;
(3) Lienholder's acknowledgment and subordination statement;
(4) Notary public acknowledgment for all signatures;
(5) Certificate for engineer and surveyor;
(6) Certificate for commission;
(7) County clerk filing acknowledgment statement;
(8) Encumbrances certificate;
(9) Vacation of subdivision plat;
(10) Certificate of amending plat;
(11) City engineer's certificate.
(i) A certificate by a registered public surveyor, duly authenticated, that the plat is true and
correct and in accordance with the determination of surveys actually made on the ground.
If the surveyor who prepared the plat did not make the original boundary survey, this fact
should be noted in the certificate.
(j) The final plat, as approved by the commission, to be fled by the city secretary for record
with the county clerk, shall not show the construction features such as curblines or utility
lines or other structures not involved in the title covenant.
(k) The plat shall provide a note that the finish floor elevations of all structures shall be
located above the base flood elevation (established by FEMA) as prescribed in the flood
damage prevention ordinance of the city (chapter 34, article II of the Code of Ordinances).
(I) The legal entity responsible for the maintenance of any improvements, including, but not
limited to, building, recreational area, open space, equipment, pool or private driveway,
which are to be owned and shared by the owners of real property in the proposed
subdivision, shall be designated by appropriate articles of incorporation, contracts,
restrictions, or other method. The means of securing payment for maintenance and
operating expenses and any method of terminating such obligation shall be slated in the
creating documents. In the event such entity is responsible for the maintenance of
driveways, emergency access easements, recreational areas, or open spaces the following
note shall be indicated on the face of the plat:
"The City of Friendswocd shall not be responsible for maintenance of driveways,
emergency access easements, recreational areas, and open spaces; and the (entity) which
shall be responsible for such maintenance of driveways, emergency access easements,
recreational areas and open spaces."
(m) As applicable, the applicant shall concurrently process the final plat for approval with the
Galveston County Consolidated Drainage District and/or Harris County Flood Control
District, whichever entity has jurisdiction over the area the plat covers.
3. Submittal of final plat.
(a) Prints of final plat and the two original Mylars shall be submitted to the commission with
written application for approval at least eight working days prior to a meeting of the
commission without exception. Refer to the plat submission application for the number of
prints required.
(b) Prior to filing of the final plat, the letter or title certificate required in subsection b.3(c) of
this section shall be brought up to current date by a supplementary report from the title
guaranty company or title attorney; dated not more than 45 days from the date submitted to
the city.
(c) A copy of the final restrictive covenants to govern the nature of the use of the property
shall be submitted to the commission and may be sent to the city attorney for review and
approval prior to filing of the final plat. The commission shall, in the public interest, require
that said restrictive covenants be filed simultaneously with the plat.
(d) The applicant shall submit proof that the final plat has been approved by the appropriate
drainage district as required, provided the drainage criteria of both the city and the
drainage district are the same. Proof of approval shall be a letter of approval from the
drainage district.
4. Decision of the commission.
(a) On receipt by staff of an application containing all of the information described above, staff
shall schedule the application for action by the commission on their next available agenda.
Beginning with the meeting date for initial approval of the final plat, the commission shall
render a decision thereon within 30 days. Said decision may consist of approval or
disapproval.
(b) If a final plat does not meet the description of a replat per subsection f of this section, but it
amends a previously recorded subdivision map or survey for which there is no formal
recorded plat approved by law, a written notice of the meeting shall be mailed to each
owner of real property, as indicated by the most recent tax roll, situated within the original
subdivision map or survey and located within 200 feet of the exterior boundary of the
subject property, at least ten days prior to the meeting.
5. Final approval will expire one year after the commission action granting approval of any plat
unless the plat has been fled of record with the county clerk, except that if the subdivider shall
apply in writing prior to the end of such one-year period stating reasons for needing the
extension, this period may, upon a showing of good cause, be extended by the commission for
another year but not beyond that period.
d. Plat recordation. The final plat shall be drawn on three mil camera positive matte finish (both sides)
film in permanent black ink and shall be no larger than 24 inches by 36 inches. Two film copies of the
plat with original signatures are to be filed by the city secretary in the office of the county clerk as a
permanent record. The final plat must be approved by the commission prior to being filed by the city
secretary.
e. Short form final plat.
1. An abbreviated procedure for plat submission may be used if the proposed subdivision satisfies
the following requirements:
(a) The proposed subdivision is for development containing four lots or less.
(b) All lots in the proposed subdivision front on a previously dedicated or private accessway of
adequate width and are so situated that no additional accessway, alley, easement or public
property is required to meet the regulations of this appendix or any other ordinance of this
city.
(c) All utilities and drainage facilities, as required by this appendix or any other ordinance of
this city, are in place to serve each lot in the proposed subdivision and require no
extensions.
(d) The proposed plat does not vacate, create or extend a public right-of-way or easement.
(e) The proposed plat does not require any variance or modification to the subdivision
ordinance.
2. If a proposed subdivision satisfies the requirements of subsection e.1 of this section, the
subdivider may seek final plat approval without necessity of submitting a preliminary plat. Such
plat shall meet all the requirements in subsection c(2) of this section for final plats.
3. Decision of the commission.
(a) On receipt by staff of an application containing all of the information described above, staff
shall schedule the application for action by the commission on their next available agenda.
Beginning with the meeting date for initial approval of the final plat, the commission shall
render a decision thereon within 30 days. Said decision may consist of approval or
disapproval.
(b) If a short form final plat does not meet the description of a replat per subsection f of this
section, but R amends a previously recorded subdivision map or survey for which there is
no formal recorded plat approved by law, a written notice of the meeting shall be mailed to
each owner of real property, as indicated by the most recent tax roll, situated within the
original subdivision map or survey and located 200 feet of the exterior boundary of the
subject property, at least ten days prior to the meeting.
4. Final approval will expire one year after planning commission action granting approval of such
plat unless the plat has been fled of record with the county clerk as described in the plat
recordation section, except that if the subdivider shall apply in writing prior to the end of such
one-year period stating reasons for needing the extension, this period may, upon a showing of
good cause, be extended for another year but not beyond that period.
I. Replat.
1. A replat is a redesign of all or a part of a recorded plat or subdivision of land which substantially
changes the elements of the plat. The same procedures shall be followed as for preliminary,
final or short form final plat. The replat must be in accordance with the requirements of the
current Texas Local Government Code. A public hearing shall be required on all residential
rapists when the previous plat is not vacated and is not in compliance with subsection f.2 of this
section.
2. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(a) Is signed and acknowledge by all the owners of the property being replafted;
(b) Is approved, after a public hearing on the matter at which interested parties and citizens
have an opportunity to be heard, by the commission;
(c) Does not attempt to amend or remove any covenants or restrictions;
(d) Identifies the lots or portions of the plat being replatted and provides a reason for the
replat; and
(a) In addition, a replat without vacation of the preceding plat must also conform to the
requirements of this subsection, if any, of the area being replatted was limited to residential
use for two units or less. These additional requirements are:
(1) Notice of the hearing required in accordance with the Texas Local Government Code
shall be given before the 151h day before the date of the hearing. Notification shall be
by publication in the official newspaper and by written notice sent to property owners
within 200 feet of the property which is being replatted.
(2) If the proposed replat is protested in accordance with this subsection, the proposed
replat must receive, in order to be approved, the affirmative vote of at least three -
fourths of all the members of the commission. For a legal protest, written instruments
signed by the owners of at least 20 percent of the area of the lots or land immediately
adjoining the area covered by the proposed replat and extending 200 from that area,
but within the original subdivision, must be filed with the city prior to the close of the
public hearing. In computing the percentage of land area under this subsection, the
area of the streets and alleys shall be included.
(3) Compliance with subsection f.2(e)(2) of this section is not required for approval of a
replat of part of a preceding plat if the area to be replatted was designated or reserved
for other than single residential use by notation on the last legally recorded plat.
3. The final replat shall meet all the requirements in subsection c.2 of this section for final plats.
4. Decision of the commission. On receipt by staff of an application containing all of the information
described above, staff shall schedule the application for action by the commission on its next
available agenda following the public hearing. Beginning with the meeting date for initial
approval of the final replat, the commission shall render a decision thereon within 30 days. Said
decision may consist of approval or disapproval.
5. Final approval will expire one year after planning commission action granting approval of such
replat unless the replat has been fled of record with the county clerk as described in the plat
recordation section, except that if the subdivider shall apply in writing prior to the end of such
one-year period staling reasons for needing the extension, this period may, upon a showing of
good cause, be extended for another year but not beyond that period.
g. Amendingplat
1. The city manager or the city manager's designee shall have the authority to approve amending
plats, without further action of the planning and zoning commission, as permitted by V.T.C.A.,
Local Government Code ch. 212. The city manager or designee shall not have authority to
disapprove any such amending plat and shall be required to refer any plat that the city manager
or designee refuses to approve to the planning and zoning commission. Nothing herein shall
preclude the city manager or designee from electing to present the plat to the planning and
zoning commission for approval.
2. An amending plat shall contain all of the informational requirements set forth for a final plat.
3. The city manager or designee may approve an amending plat that may be recorded and is
controlling over the preceding or final plat with a vacation of that plat, if the amending plat is
signed by the applicants only and the sole purpose of the amending plat shall be to:
(a) Correct an error in a course or distance shown on the preceding plat;
(b) Add a course or distance that was omitted on the preceding plat;
(c) Correct an error in a real property description shown on the preceding plat;
(d) Indicate monuments set after the death, disability, or retirement from practice of the
surveyor responsible for setting monuments;
(a) Show the location or character of a monument that has been changed in location or
character or that is shown incorrectly as to location or character on the preceding plat;
(f) Correct any other type of scrivener or clerical error or omission previously approved by the
city manager, designee or commission. Such errors may include, but are not limited to, lot
numbers, acreage, street names, and identification of adjacent recorded plats;
(g) Correct an error in courses and distances of lot lines between two adjacent lots where
both lot owners join in the application for amending the plat, neither lot is abolished, the
amendment does not attempt to remove recorded covenants or restrictions, the
amendment does not have a material adverse effect on the property rights of the owners in
the plat, and no more than ten lots are affected per plat;
(h) Relocate a lot line to eliminate an inadvertent encroachment of a building or other
improvement on a lot line or easement;
(i) Relocate one or more lot lines between one or more adjacent lots if:
(1) The owners of all those lots join in the application for amending the plat;
(2) The amendment does not attempt to remove recorded covenants or restrictions;
(3) The amendment does not increase the number of lots; or
0) The combination of two lots for the creation of a more developable site when:
(1) No change in the platted land use category is anticipated.
(2) No increase in the density or intensity of use is anticipated as determined by
estimated traffic congestion or utility demands.
(3) Off -site stormwater runoff is neither increased nor concentrated.
(4) Adequate public access and thoroughfare rights -of -way exist.
(5) Notice, a public hearing, and the approval of other lot owners are not required as a
condition of approval and issuance of an amending plat.
(6) When an amending plat is prepared, the surveyor signing and sealing the plat shall
provide a statement in the title block denoting the change, in addition to any other
corrections which have been made.
In. Vacating of plat. The procedure for vacating a plat shall conform with the current Texas Local
Government Code and meet the same requirements as a final plat. The procedure shall consist of:
1. The owners of the tract covered by a plat may vacate the plat any time before any lot in the plat
is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat vacated
is approved by the commission and recorded as described in the plat recordation section of this
appendix.
2. If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the
application of all the owners of the lots in the plat with approval by the commission.
(Ord. No. 2000-01, § 2, 1-17-2000; Ord. No. 2000-36, § 1, 9-25-2000; Ord. No. 2004-04, §§ 1,
2, 2-16-2004; Ord. No. 2010-04, § 2, 2-22-2010; Ord. No. 2010-38, §§ 1-3, 1-10-2011)
Section III. -General requirements and design criteria.
a. General. The subdivision shall conform to the comprehensive plan of the city, as well as all duly
adopted design criteria of the city, which shall be kept on file with the city engineer and be available
to the public. The city engineer shall maintain the design criteria and propose such changes to them
from time to time so that they are equivalent or more stringent than those in the area, provided,
however, city council may, through the following ordinances, approve standards different from those
contained in this appendix or the design criteria manual. Where different standards are approved,
whether those standards are more stringent or less stringent, they shall control.
(1) An ordinance reclassifying land to a planned unit development district (PUD); or
(2) An ordinance approving a specific use permit for a PUD district.
b. Public and private local streets.
(1) The street patent of a neighborhood must comply with the design criteria, all requirements of
this section and shall:
(a) Provide for adequate vehicular access to all properties within a subdivision's plat
boundaries. All lots, tracts and reserves shall have frontage on an approved public right-of-
way or access easement.
(b) Provide adequate street connections to adjacent properties to ensure adequate traffic
circulation within the general area.
(c) Provide a local street system serving properties to be developed for residential purposes
which discourages through traffic while maintaining sufficient access and traffic movement
for convenient circulation within the subdivision and access by fire, police and other
emergency services.
(d) Provide a sufficient number of continuous streets and major thoroughfares, particularly in
those area designated for the development of multifamily residential, commercial and
industrial land uses, to accommodate the increased traffic demands generated by these
land uses.
(a) When necessary to continue the neighborhood pattern for adjacent developments,
existing streets in the adjoining areas shall be continued and shall be at least as wide as
such existing streets in alignment therewith, but in no case narrower than required by
current regulation. Centerline offset shall be a minimum of 125 feet. Greater centerline
offsets may be required by the commission when necessary for traffic safety.
(f) When adjoining areas are not subdivided, the commission may require the arrangement of
streets in the subdivision to make provisions for the proper projection of streets into such
unsubdivided areas.
(g) Street intersections shall be as nearly at right angles as practical giving due regard to
terrain, topography, sight distances and safety.
(h) Private streets, where allowed, shall meet all the requirements set forth for public streets,
including, but not limited to, construction standards, width, curves, sight distance visibility
and function, and all other design criteria and specifications, and shall be privately
maintained to those standards.
(i) Collector streets generally.
(1) There shall be a minimum of one point of access from a collector street into a
subdivision or subdivision phase, up to a maximum of 75 platted lots. There shall be a
minimum of two points of access into a subdivision or subdivision phase from a
collector street for subdivisions in excess of 75 platted lots. In the case of phased
construction, each phase should meet this requirement, but in no case shall there be
less than one access to a collector street per 75 platted lots.
(2) A collector street may be a new or existing street built to current collector street
standards for right-of-way width and pavement width, or an existing street built to past
standards but which by definition currently functions as a collector street.
(3) No subdivision can connect to a collector street through another subdivision unless
each is part of a planned, phased subdivision development. In such cases, the
commission may require such through streets to have additional right-of-way width
and paving width, in keeping with subsection b(1)(e) of this section, to promote better
traffic flow.
(4) All lots in a subdivision must be within 750 feet of an intersection on a street within
the subdivision that leads to a collector street, but the commission may approve a
greater distance in keeping with the considerations for increased cul-de-sac lengths
and block lengths.
(5) The commission may permit an isolated, stand-alone subdivision to connect to a
collector street by way of a new street not built to collector standards if such street is
within the plat boundaries of the subdivision.
(6) Due to existing conditions on the land being platted, such as the existence of
pipelines, bodies of water, 100-year floodplain, etc., the commission may require
additional points of access from a collector street to protect health, safety and welfare.
c. Major thoroughfares and collector streets.
1. General. Street classification, location and alignment shall be in accordance with the
thoroughfare plan and finally determined by the commission.
2. Right-of-way width and transitions. The width of the right-of-way to be dedicated for any
designated or proposed thoroughfare or collector street shall be in conformance with the
thoroughfare plan. In those instances where the proposed subdivision is located contiguous to
an existing thoroughfare or collector street having a right-of-way less than that required by the
thoroughfare plan, sufficient additional right-of-way must be dedicated to bring the right-of-way
width in conformance with the plan. The minimum right-of-way width required for the
development of a designated or proposed thoroughfare or collector street must be of sufficient
width to accommodate the approved roadway pavement and attendant drainage and utility
facilities.
3. Curves and intersections. Curves proposed for the right-of-way of designated thoroughfares and
collector streets shall be in conformance with the current design criteria. Reverse curves must
be separated by a tangent distance of not less than 100 feet. Intersections with public and/or
private streets shall be at right angles but may vary upon approval of the commission after due
regard for terrain, topography, sight distances and safety. Where acute angles are approved, a
radius of at least 25 feet in the rightof-way, line in the acute comer must be provided.
d. Buffering major thoroughfares
1. Where a subdivision abuts or contains an existing or proposed arterial street, the commission
may require marginal access streets, reverse frontage with screen planting contained in non -
access reservation along the rear property line, deep lots with rear service alleys, or such other
treatment as may be necessary for adequate protection of residential properties and to afford
separation of through and local traffic. If landscaping or berming is used as a buffer between the
major thoroughfare and residential property uses, the subdivider shall provide a ten -foot
landscape easement along the major thoroughfare according to the major thoroughfare plan
and shall construct sidewalks thereon in accordance with the city design criteria manual and
standard construction details.
2. Reserve strips controlling access to streets shall be prohibited except where their control is
definitely placed in the city under conditions approved by the commission.
3. Street right-of-way widths shall be as shown in the general plan for the city, and where not
shown therein shall be not less than as follows:
Street type
Minimum right -of -wary width
Major thoroughfare
120 feet
Collector
80 feet
Minor (private and public)
60 feet
Commercial streets
80 feet
Boulevards
80 feet
e. Partial or half streets. Half streets shall be prohibited, except where essential to the reasonable
development of the subdivision in conformity with other requirements of these regulations, and where
the commission finds it will be practicable to require the dedication of the other half when the
adjoining property is subdivided, the other remaining half of the street shall be platted within such
subdivision, in accordance with section II. Appropriate notations and one -foot reserve must be
placed upon the plat restricting access from any partial or hag streets so dedicated to adjacent
acreage tracts until the adjacent property is subdivided in a recorded plat and the additional right-of-
way is acquired providing the full right-of-way as specified in this appendix.
I. One -foot reserves. In those instances where any public street is established in a plat submitted to the
commission and where such street forms a stub street into adjacent acreage or where such street
lies along the parallel with the plat boundary and adjacent to acreage, a one -foot wide reserve must
be established within the street right-of-way to form a buffer strip, dedicated to the public, between
the public street right-of-way and the adjacent unsubdivided acreage, to prevent access to this public
street from the adjacent unsubdivided acreage unless and until the commission has had an
opportunity to review the development proposals for such adjacent acreage, and a plat of the
adjacent property is duly recorded. The conditions associated with the establishment of a one -foot
reserve on a plat are contained in the following notation which must be placed upon the face of any
plat where a one -foot reserve is to be established:
"One -foot reserve dedicated to the public in fee as a buffer separation between the side or end of
streets where such streets abut adjacent acreage tracts, the condition of such dedication being that
when the adjacent property is subdivided in a recorded plat, the one -foot reserve shall thereupon
become vested in the public for street right-of-way purposes and the fee title thereto shall revert to
and revest in the dedicator, his heirs, assigns or successors."
g. Culs-de-sac
1. Length. The length of culs-de-sac shall not be longer than 750 feet. In cases where proposed
subdivisions are surrounded by existing development which precludes compliance with block
length standards, the commission may approve the creation of cul-de-sac streets which exceed
750 feet in length if the turnaround complies with the current design criteria and the subdivider
can establish that lots fronting thereon will not, as a result of the length of such street, be
deprived of a level of public services which would otherwise be afforded to lots on cul-de-sac
streets of 750 feet or less. In considering any such application, the commission shall consider
measures which would ensure:
(a) Adequate water pressure for potable water needs and firefighting capabilities;
(b) The ability of the city to timely provide emergency services; and
(c) That traffic hazards and traffic congestion is not created due to density or number of lots.
In achieving these measures, the commission may require the use of medians, larger lot
dimensions, or other alternative solutions deemed appropriate by the commission as may
be necessary to satisfy the intent of this section. Each application for an extended dead-
end cul-de-sac street shall be considered on an individual case -by -case basis, and
depending on the particular circumstances surrounding the property in question.
2. Cul-de-sac fight -of -way radius. The proposed cul-de-sac right-of-way and pavement radii shall
comply with the requirements of the current design criteria.
3. Temporary tumarounds. Temporary turnarounds are to be used where curb and gutter is not
installed at the end of the street more than 400 feet long that will be extended in the future and
noted thus:
"Crosshatched area in temporary easement for turnaround until street is extended (direction) in
a recorded plat."
h. Blocks.
1. The lengths, widths and shape of blocks shall be determined with due regard to:
(a) Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
(b) Requirements as to lot sizes and dimensions.
(c) Need for convenient access, circulation, control and safety of street traffic.
(d) Limitations and opportunities of topography.
2. Block lengths (measured along the block -face from intersection to intersection between the
nearest two streets, or from center of the cul-de-sac radius to the nearest street intersection).
(a) Minimum block length shall be not less than 300 feet, except for culs-de-sac which shall
have no minimum length.
(b) Maximum block length for residential: 1,200 feet (see subsection g of this section for culs-
de-sac).
(c) Maximum block length along a major thoroughfare: 1,600 feet, except under special
conditions and upon approval of the commission.
3. The commission may approve the creation of blocks which exceed the maximum length if the
subdivider can establish that lots fronting thereon will not, as a resuft of the length of such
street, be deprived of a level of public services which would otherwise be afforded to lots on
blocks that do not exceed the maximum length. In considering any such application, the
commission shall consider measures which would ensure:
(a) Adequate water pressure for potable water needs and firefighting capabilities;
(b) The ability of the city to timely provide emergency services;
(c) That a traffic hazard and/or traffic congestion is not created due to density or number of
lots; and
(d) Alignment of any street with a block length greater than 1,200 feet does not promote
excess speed on the street.
In achieving these measures, the commission may require the use of medians, larger lot
dimensions, or other alternative solutions deemed appropriate by the commission as may be
necessary to satisfy the intent of this section. Each application for an extended block length
shall be considered on an individual case -by -case basis, and depending on the particular
circumstances surrounding the property in question.
4. The proposed street right-of-way and pavement width shall comply with the requirements of the
current design criteria.
5. Temporary turnarounds are to be used where curb and gutter is not installed at the end of a
street more than 400 feet long that will be extended in the future, and should be noted thus:
"Crosshatched area in temporary easement for turnaround until street is extended (direction) in
a recorded plat."
i. Lots.
1. The lot size, width, depth, shape and orientation, and the minimum building setback lines, shall
be appropriate for the location of the subdivision and for the type of development and use
contemplated.
2. Lot dimensions shall conform to the latest zoning ordinance.
3. Corner lots for residential use shall have extra width to permit required building setback from an
orientation to both streets.
4. The subdividing of the land shall be such as to provide, by means of a public or private street,
each lot with satisfactory access, provided, however, such private streets shall comply with, and
are privately maintained to, the requirements for public streets.
5. Double -frontage and reverse -frontage lots should be avoided except where essential to provide
separation of residential development from traffic arteries or to overcome specific
disadvantages to topography and orientation. A planting screen easement of at least ten feet,
and across which there shall be no right of access, shall be provided along the line of the lots
abutting such traffic artery or other disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines.
I. Building setback lines. Building setback lines shall conform to the latest zoning ordinance.
k. Public use and service areas.
1. Easements for utilities. Except where alleys are permitted for the purpose, the city shall require
easements of at least ten feet for poles, wires, conduits, storm sewers, gas, water, and
wastewater or other utility lines, along all rear lot lines, along side lot lines if necessary, or in the
same or greater widths may be required along the lines of or across lots, where necessary for
the extension of existing or planned utilities. All water and wastewater lines shall be located in
the street rights -of -way, unless agreed to and/or specified by the city.
2. Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, bayou,
channel or stream, there shall be provided a stormwater easement or drainage right-of-way
conforming substantially with the lines of such watercourses, and such further width or
construction, or both, as will be adequate for the purpose. Parallels streets or parkways may be
required in connection therewith. Location and width of drainage easements shall be
determined by the commission and shall be in conformity with the city's master drainage plan.
3. Sidewalks. Sidewalks are required along all streets.
(a) Exception: Sidewalks shall not be required in single-family residential (SFR) and single-
family residential estate (SFR-E) districts where open ditch streets are approved.
(b) Sidewalks may not be required when, in the judgment of the planning and zoning
commission, the safety of the pedestrians does not require such sidewalks.
(c) If a plat is required, the developer, prior to the city's final acceptance of the infrastructure,
must install sidewalks along reserves and rights -of -way prior to the city's final acceptance
of the infrastructure.
(d) If no platting or infrastructure construction is required, sidewalks must be installed prior to
issuance of the final certificate of occupancy of the structure.
(a) If sidewalks are required by the city design criteria manual, subdivision ordinance, or
zoning ordinance, and the installation at the required time is not feasible, the city may
require, or the property owner may petition the planning and zoning commission to allow,
the property owner to satisfy the sidewalk requirement by payment of a fee to the city's
sidewalk installation fund in lieu of installing the approved sidewalk per section V.1.3.
(f) When sidewalks are required, they shall be built in accordance with the city design criteria
manual and standard constmction details.
4. Platting of public streets or easements across private easement fee strips.
(a) A copy of the instrument establishing any private easement shall be submitted with the
preliminary plat.
(b) Easement boundaries must be tied by dimensions to all adjacent lot and tract corners.
Where the private easement has no defined location or width, an effort shall be made to
reach agreement on a defined easement.
(1) No residential, commercial or industrial structure other than structures necessary to
operate the pipeline shall be erected or moved to a location nearer than 50 feet to any
pipeline except low-pressure distribution system pipelines as defined in chapter 26 of
this Code.
(2) No residential, commercial or industrial structure shall be permitted to be built nearer
than 150 feet from any well or related facility other than structures necessary to
operate the well or facility.
(c) Prior to approval of the final construction plans by the city engineer, the subdivider of any
subdivision plat wherein public streets or easements are shown crossing private
easements or fee strips shall, by letter to the city, assume responsibility for seeing that any
adjustments and protection of existing pipelines, electrical transmission lines, or other
facilities shall be planned and provided for to the satisfaction of the holder of the private
easements or fee strips and the city prior to the filing of the plat for record.
(d) Prior to fling the final plat for record, the following requirements shall be met:
1. The developer or dedicator of any plat shall obtain from the holder of any private
easement or fee strip within the plat, crossed by proposed streets or other public
easements, an instrument granting to the public the use of said public streets or
easements over and across said private easements or fee strips for construction,
operation and maintenance of those public facilities indicated. This instrument shall be
delivered with the plat.
2. The developer shall furnish the commission with a letter from the holder of the private
easements or fee strips in question, staling that arrangements for any required
adjustments on pipelines, electric transmission lines or other similar facilities have
been made to the satisfaction of the holder of the easement.
3. Community assets. When considering the placement of streets and utilities within
proposed subdivisions, the developer shall preserve all natural features such as large
trees, watercourses, historical spots, and similar community assets which will add
attractiveness and value to the property unless such preservation results in an
economic penalty of such magnitude that development of the land is infeasible.
(a) Compliance with density requirements for type of development. No plat shall be approved
for the subdivision of land unless such plat reflects and satisfies the minimum open space
(density) requirements for the particular type of development proposed (i.e., single-family,
commercial, industrial), as provided in the zoning regulations of the city.
(f) Street lighting, signage and signalizalion.
1. Street lighting shall be provided in accordance with the city streetlight policy. A
proposed street lighting plan shall be indicated on a copy of the final plat of the
subdivision which has been approved by the commission. The proposed street lighting
plan shall be submitted together with the construction plans for public improvements
required in by section IV of this appendix.
2. The developer shall be required to provide and install all traffic signage and
signalization determined by the city to be necessary because of the construction of
the proposed subdivision. All signs and signals shall be provided in accordance with
the state manual of uniform traffic control devices and shall be erected prior to
acceptance of the streets by the city.
(Ord. No. 2000-01, § 2, 1-17-2000; Ord. No. 2000-36, § 2, 9-25-2000; Ord. No. 2000-42, § 2,
11-20-2000; Ord. No. 2007-05, § 1(B), (C), 4-16-2007; Ord. No. 2008-05, § 1, 2-18-2008; Ord.
No. 2008-13, § 2, 6-2-2008; Ord. No. 2008-19, § 2, 7-7-2008; Ord. No. 2008-09, §§ 2, 3, 7-21-
2008; Ord. No. 2010-04, § 3, 2-22-2010; Ord. No. 2011-29, § 2, 10-3-2011)
Section IV. - Parkland dedication.
a. Purpose.
1. This section provides recreational areas in the form of city parks as a function of subdivision
development in the city. This section is enacted in accordance with the home rule powers of the
city under the state Constitution, and the statutes of the stale, including, but not by way of
limitation, V.T.C.A., Local Government Code ch. 212.
2. Park areas shall be recommended by Keep Friendswood Beautiful and shall be shown on an
official parks and recreation map for the city, which shall be adopted and may be modified from
time to time by the city council. Proposed city parks and recreational areas will be established
by review with the developer and city staff at the earliest possible stage of development
planning, and a proposed subdivision or development shall be reviewed in its entirety and not
by sections or phases.
3. The primary cost of city parks should be bome ultimately by residential property owners who, by
reason of the proximity of their property to such parks, shall be the primary beneficiaries of such
facilities. New residents will increase the demands for parks proportionally, and new growth
should bear their share of the costs of those facilities. Therefore, the following requirements are
adopted to effect the purposes herein stated.
b. General requirements. Residentially zoned land, to be used for single-family, townhomes, garden
homes, mobile homes, and/or multifamily residential purposes.
1. Whenever a final plat is fled of record with the county clerk for development of a residential
area in accordance with the platting and zoning regulations of the city, such plat shall contain a
clear fee simple dedication to the city of an area of land for park purposes, which area shall be
equal to one acre for each 133 proposed dwellings, based on the proposed subdivision or
development in its entirety and not by sections or phases. Any proposed plat submitted to the
city for approval shall show the parkland proposed to be dedicated under this subsection. The
dedication required by this section may be met by a payment of money in lieu of land when
permitted or required by the other provisions of this subsection. The dedication required by this
section should be in accordance with goals outlined within the city parks and open space
master plan, or be located at the site for an identified existing park.
2. The city council declares that development of an area smaller than five acres for the purpose of
a city park is impractical. Therefore, if fewer than 655 dwellings are proposed by a plat filed for
approval, the developer shall be required to pay the applicable cash in lieu of land amounts
provided by subsection d of this section, rather than to dedicate any land area. In most
instances, no plat showing a dedication to the city of less than five acres shall be approved;
provided, however, that the city may accept smaller parcels where such proposed dedication is
in the best interests of the city, such as when a smaller parcel is adjacent to an existing park or
future park site.
3. Developers should evaluate their proposed development and proposed dedication with city staff
to ensure that as soon in the development process as possible the land dedicated is usable for
city parks purposes.
4. A dedication required by this section shall be made in accordance with subsection d.1 of this
section. If the actual number of completed dwelling units exceeds the figure upon which the
original dedication was based, an additional dedication shall be required, and shall be made by
payment of the cash in lieu of land amount provided by subsection d of this section.
c. Timing of dedication orpayment of fees in lieu of land
1. Parkland shall be dedicated to the city at the time of filing of the final plat of the first phase and
section, if a phased development. The dedication shall be made contemporaneously by
separate instrument and must be accepted by the city council prior to the fling of the final plat.
Lack of acceptance of such dedication shall preclude the filing of the final plat and shall not
relieve the subdivider of complying with the requirements of this section. Where a dedication of
parkland for the entirety of a phased development is proposed, the parkland shall be shown on
the plat, if included within the first phase, and dedicated by separate instrument, or dedicated by
separate instrument if located outside of the first phase of development, at the time of fling the
final plat for the first section of such phased development.
2. Payment of fees in lieu of land shall be done at the time of filing of the final plat. Where payment
of fees in lieu of land for parks for the entirety of a phased development is planned, such
payment may be made in full for all phases of the proposed development at the time of filing of
the plat for the first phase, or payment of fees in lieu of land for each section of a phased
development may be made at the time of filing of the final plat for each phase or section, at the
discretion of the developer.
d. Fees in lieu of land.
1. Any landowner responsible for dedication under this section shall review their proposed
development with city staff, including Keep Friendswood Beautiful on recommendation of staff,
prior to or simultaneously with making any formal application to the city, for the purpose of
evaluating compliance with this section. If no agreement is reached between the developer and
city staff, then within 14 days from receipt of a written request by the developer, city staff shall
submit the issue to Keep Friendswood Beautiful. If Keep Friendswood Beautiful can reach an
agreement with the developer, that recommendation shall be final, subject to the acceptance of
such dedication by city council as described in this subsection d. If Keep Friendswood Beautiful
cannot reach an agreement with the developer, the planning and zoning commission shall hear
the issue at its next meeting, and shall make the final decision. This decision is final unless
there is a substantial change in conditions. Generally, the landowner will have the option to
dedicate land or pay fees in lieu thereof. However, the city expressly reserves the right to
require dedication of land rather than accept fees in instances including, but not limited to, the
proposed development is adjacent to an existing city park or in areas in which additional
parkland is desired.
2. As provided above, any landowner responsible for dedication under this section shall, when
permitted, meet the requirements of subsection c of this subsection or this subsection d in
whole or in part by a cash payment in lieu of land, in the amount set forth in this section IV.
Such payment in lieu of land shall be made at or prior to the time of final plat approval for city
parks as described in subsection c.1 of this section.
3. A per -dwelling unit fee shall be set by resolution and printed in from time to time by the city
council, incorporated in the fee schedule, Appendix D to this Code, in amounts sufficient to
acquire land and provide for adjacent streets and utilities for a park.
e. Parkland dedication fund.
1. There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as the
"parkland dedication fund." Funds shall only be released from the parkland dedication fund
upon city council approval of a plan to utilize the funds to build or enhance an existing park or
purchase land for a future park.
2. The city shall amount for all sums paid in lieu of land dedication under this section with
reference to the individual plats involved. Any funds paid for such purpose must be expended
by the city within ten years after the filing of the final plat, or the filing of the final plat of each
phase or section of the contributing subdivision, if a phased development. If not so expended,
the owners of the property beginning on the first day after the expiration of such ten-year period
shall be entitled to a pro rate refund of such sum, computed on a square footage of area basis.
The owners of such property must request such refund within one year of entitlement. Such
request must be made in writing to the city manager or his/her designee or such right shall be
barred.
3. Where funds or a dedication for a phased development have been paid or made for the entire
development at one time, and the original developer does not complete all phases of the entire
development, credit for such prior dedication or payment shall be applied to subsequent plats
for the same land on a pro rate basis. Increased density will require the dedication of additional
parkland or payment of additional fees.
f. Additional requirements.
1. Any land dedicated to the city under this section must be suitable for park and recreation uses.
The following characteristics of a proposed area are preferred wherever possible:
(a) The city reserves the right to decline any dedication of proposed parkland if it is
determined to be in the best interests of the city.
(b) Park sites should preferably be located so that users are not required to cross arterial
roadways to access them.
(c) Sites should be located adjacent to schools, where possible, in order to encourage both
shared facilities and the potential co -development of new sites.
(d) Sites should be located adjacent to a greenbelt system, where possible, so that
connections to a trail network may be easily achieved.
(a) Sites should not have unusual topography which would render the land unusable for
organized recreational activities where these activities are necessary to the type of park.
(f) Sites should have and retain existing trees or other scenic elements.
(g) Land subject to an easement or a right-of-way shall comprise no more than 25 percent of
the total land dedicated under the provisions of this section. In addition, any land that is
subject to an easement or a right-of-way and which is dedicated under this section must be
contiguous with the other area dedicated to the city and must conform to all other
requirements of this section.
(h) All offers of dedication must be accompanied by a phase one environmental study
verifying the absence of conditions which would inhibit or prohibit its future use and
development as park facilities.
2. Parks should be easy to access and be open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with adjacent
land uses. The following guidelines should be used in designing parks and adjacent
development:
(a) Where physically feasible, parks should be bounded by streets, or by other public uses
(e.g., school, library, recreation center).
(b) A proposed subdivision adjacent to a park may not be designed to restrict reasonable
access to the park from other area subdivisions. Street or pedestrian connections to
existing and future adjoining subdivisions may be required to provide reasonable access to
parks.
(c) Where a nonresidential use directly abuts a park, the city may require the developer to
construct, at his expense, screening of a minimum height of eight feet. The screened area
must be landscaped on the park side. Access points from the nonresidential use to the
park may be permitted.
(d) Alleys may abut a park, where otherwise allowed by ordinance, but they should not be
designed to encourage motorized traffic to the park.
(a) Streets abutting a park shall be built in accordance with the thoroughfare plan and the
standards of this section, provided, however, the city may require any residential street
built adjacent to a park to be constructed to collector width to ensure access and prevent
traffic congestion, subject to a proportionality review of the impacts generated by the
subdivision, provided, further, that the city may enter into a development agreement with
the subdivider to share the costs of street construction for abutting streets.
(f) Wildlife, existing trees and shrubs on the site shall be preserved to the greatest extent
practicable.
(g) A park shall not have impervious cover exceeding 20 percent of the open space area.
3. When parkland is acquired, the city shall reserve sufficient land to provide a minimum of 50
percent of the total street width where a street is required to abut a park.
4. In all cases, the city shall review and may require modification of the proposed street alignment
fronting on city parks and recreation areas. Developers should also provide, where possible,
street or pedestrian access to all creeks or drainageways which are maintained by a
homeowner association or dedicated as a drainage and floodway easement to the city or the
applicable drainage district.
5. Drainage areas may be accepted as part of a park if the drainage facilities are constructed in
accordance with city engineering standards, and if no significant area of the park is cut off from
access by such drainage facilities. Where the city has designated a floodplain as part of the city
park system, the park design shall provide public access for all areas of the park.
6. Any parkland proposal considered by the commission under this section shall have been
reviewed by the director of community services and his recommendation given to the
commission. The commission may make a decision contrary to such recommendation by a
simple majority vote.
g. Partial credit for land, private parkland, private recreation facilities, or open space. Keep
Friendswood Beautiful, upon an affirmative recommendation of the director of community services,
may reduce the amount of parkland to be deeded to the city or reduce the fees in lieu of parkland to
be paid to the city as provided below.
1. A reduction from the initial parkland dedication requirement may be made where parkland within
the same park area as the subdivision which generates the required conveyance is dedicated
for a private park. For purposes of this subsection, the private parkland dedication shall meet
the following minimum requirements:
(a) The park area shall be leveled and seeded by the subdivider to produce green space. The
city will determine if the parkland can be left in its natural state;
(b) The park area shall be located within the subdivision generating the parkland
requirements; and
(c) Restrictive covenants shall be fled of record in the appropriate county providing for the
creation and operation of a homeowner association to maintain and improve such private
park area, or, in the case of such private park area within a multifamily development, such
as an apartment complex, provide for maintenance and improvement by the owners of the
multifamily development.
2. A reduction from the initial parkland dedication requirement may be made for recreational
improvements made to private parkland within the same park area as the subdivision which
generates the required conveyance. Such recreational improvements to parkland may include,
but are not limited to, the following: children's play apparatus, landscaped areas, picnic areas,
game court areas, playfelds, swimming pools, and recreation center buildings and facilities. All
improvements shall meet the same applicable regulations or codes as for like improvements on
public property.
3. A reduction from the initial parkland dedication requirement may be made for common open
space, whether public or private, within the subdivision which generates the required
conveyance. Such open space may be in the form of greenbelts along creek beds, or around
the perimeter of the subdivision, and may include improvements such as hike and bike trails. In
no case shall credit be given under this subsection for landscaped or seeded medians. A further
reduction may be given where the common open space is linked with undeveloped or
developed parkland or other recreational facilities.
4. In order to receive the credits under subsection g.1, 2, or 3 of this section, the subdivider shall
provide documentation to the director of community services at the time of final plat fling
sufficient to establish the validity of the estimated costs that will be used to determine the
reduction under this subsection. In the event that the developer proposes to construct the
improvements at a later date, as in a phased development, the city may require that the
developer obtain a surety bond, performance bond, or other form of guarantee that the
recreational amenities will be installed within four years from the date of filing of the final plat of
the first phase of the phased development. The director of community services shall evaluate
the documentation submitted and shall approve the value prior to any reduction being given
under this subsection. Credits are cumulative, but in no case shall credits given under this
subsection exceed 100 percent of the total dedication of land or fees required for city parks
under this appendix. In cases where the estimated costs of the improvements are disputed, the
value shall be as finally determined by the director of the community services. If no agreement
is reached between the developer and city staff, then within 14 days from receipt of written
request by the developer, city staff shall submit the issue to Keep Friendswood Beautiful. If
Keep Friendswood Beautiful can reach an agreement with the developer that recommendation
shall be final. If Keep Friendswood Beautiful cannot reach an agreement with the developer, the
planning and zoning commission shall hear the issue at their next meeting, and shall make the
final decision. This decision is final unless there is a substantial change in conditions.
5. A credit may be given of up to 50 percent of the total dedication of land or fees required under
this appendix where the developer makes improvements to public parks, as described under
subsection g.2 of this section.
6. Credit for city parks may be based on previously installed amenities within a phased
development, where amenities and recreational improvement have been constructed in earlier
phases, where no parkland dedication was required, subsequent phases for which park
dedication is required, may count those previously installed amenities. Under no circumstances
will double credit be given for a previously installed amenity.
In. Minimum park improvement standards. Prior to acceptance by the city and prior to the fling of the
final subdivision plat, any parkland dedicated to the city, or developed as a private park for credit
against parkland dedication under this section, shall meet the following minimum standards:
1. The public pads area shall be leveled and seeded (as deemed necessary by the city) by the
subdivider to produce green space prior to the completion of the first phase of the development
of the subdivision, if the development is being executed in phases. Existing trees and shrubs on
the site shall be preserved to the greatest extent practicable. The subdivider will be responsible
for the maintenance of the public park area for a minimum of one year after the completion of
the subdivision (or the completion of the final phase or section of the subdivision), at which time
the city will assume maintenance responsibilities in the park. The subdivider is also responsible
for notifying each homeowner in the subdivision of the existence of any private park area and its
conditions of ownership.
2. Any improvements provided by the developer to parkland shall comply with applicable
regulations and codes set forth for such improvements.
(Ord. No. 2000-01, § 2, 1-17-2000; Ord. No. 2012-24, § 1(exh. A), 11-5-2012; Ord. No. 2015-
29, §1 (exh. A), 12-7-2015; Ord. No. 2019-07, § 2, 3-4-2019)
Section V. - Required improvements.
a. When a preliminary plat of a subdivision has been approved, the developer shall submit to the city
engineer, plans and specifications for all improvements pertinent to said subdivision. The city
engineer shall, within 30 days of receipt of said plans and specifications, approve same if they
conform to the requirements of these regulations and the current design criteria, or disapprove same
giving its reasons therefor in writing to the subdivider. Thereafter, when the subdivider has met the
objections, if any, the city engineer shall approve the plans and specifications and forthwith deliver
same to the subdivider, his agent or his engineer.
b. Before beginning any construction of the improvements required by this appendix, three complete
sets of plans, specifications and contracts, including performance, payment and maintenance bonds
covering said construction, shall be filed with the city. These shall show such features as required by
the current design criteria.
c. All public infrastructure improvements within all of the area of any subdivision or portion thereof given
final approval by the commission shall be inspected and accepted by the city before the plat is filed
of record.
d. All improvements shall be designed and constructed in conformity with the provisions of these
regulations and the current design criteria of the city. No construction shall be commenced until
these regulations are complied with. It shall be the duty of the subdivider or his engineer to see that
this provision is complied with in its entirety.
e. The subdivider, owner, and the design engineer responsible for the design improvements shall have
the obligation upon acceptance of the preliminary plat by the city to grant the city engineer or his
authorized representative the right of ingress and egress for the purpose of inspection of the facilities
under construction. If at any time during the construction of the proposed improvements the city
engineer or his authorized representative finds the improvements not to be in conformance with the
plans and specifications of the proposed improvements and the city subdivision ordinance or current
design criteria, the city engineer or his representative will hereby be given the authority to cause the
subdivider, owner, and the design engineer for the improvements to cease all operations within the
property boundaries of the approved plat until all deficiencies are corrected to conform to the city
subdivision ordinance and current design criteria.
f. Upon approval of the construction drawings by the city engineer, these drawings and specifications
shall become the minimum standards required for final acceptance of the subdivision, provided,
however, that in the case of conflict where the design criteria impose greater requirements, the
design criteria will govern in this deficient specification; all other specifications being the same as
had previously been approved by the city engineer.
g. The subdivider, owner or his engineer must furnish one certified complete set of as -built drawings on
the street, drainage and utilities in the subdivision before final acceptance. The owner and the
contractor must furnish to the city secretary, upon final acceptance of the subdivision by the city, a
maintenance bond for the duration of one year from the date of final acceptance of the subdivision.
The bond shall be for 100 percent of the present worth of the installed utilities.
h. Adoption of minimum standards. The city design criteria manual shall provide the city's technical
details for infrastructure improvements and shall be updated from time to time and adopted by
resolution. The current design criteria for the city for infrastructure improvements shall be complied
with in each subdivision before final approval of a plat by the commission. The current approved
version shall be kept on file with the city secretary and the city engineer.
i. Sidewalk installation fund.
1. Payment in lieu of sidewalk installation. Where a sidewalk is required by the city design criteria
manual, subdivision ordinance, or zoning ordinance, and the installation at the required time is
not feasible, the city may require, or the property owner may petition the planning and zoning
commission to allow, the property owner to satisfy the sidewalk requirement by payment of a
fee to the city's sidewalk installation fund in lieu of installing the approved sidewalk. Said
payment shall be at the current rate of construction per square foot or square yard of sidewalk
at the time of application, and such rate shall be determined by surveying local construction bid
prices, TxDOT bid prices and any other available bid price information, and shall be the average
of comparative prices from at least three such sources.
2. Sidewalk installation fund. There is hereby established a special fund for the deposit of all sums
paid in lieu of sidewalk installation under this section or any preceding ordinance, which fund
shall be known as the sidewalk installation fund. Funds shall only be released from the sidewalk
installation fund upon city council approval of a plan to utilize the funds to build sidewalks at the
location from which the funds originated.
3. Timing of payment of fees in lieu of sidewalk installation. Where plat approval is required as per
section I.b, sidewalks shall be required to be installed at the time of construction of the
appropriate street pavement. Where plat approval is not required, sidewalks must be installed
before the property owner applies for a certificate of occupancy. Payment of fees in lieu of
sidewalk installation shall be due at the time of construction of the appropriate street pavement
or application for certificate of occupancy, as appropriate. Where payment of fees in lieu of
sidewalk installation for the entirety of a phased development is planned, such payment may be
made in full for all phases of the proposed development at the time of filing of the plat for the
first phase, or payment of fees in lieu of sidewalk installation for each section of a phased
development may be made at the time of filing of the final plat for each phase or section, at the
discretion of the developer. No improvements shall be accepted until the fees in lieu of sidewalk
installation have been paid in full.
4. Time limftirefund. The city shall account for all sums paid in lieu of sidewalk installation under
this section with reference to the individual plats involved. Any funds paid for such purpose must
be expended by the city within ten years after the filing of the final plat, or the fling of the final
plat of each phase or section of the contributing subdivision, if a phased development. If all the
funds cannot be committed within the initial ten-year time period, the director of community
development may request a time extension for a period not to exceed an additional ten years for
the expenditure of the funds from the city council. The extension request shall be submitted in
writing to the city council at least 60 days prior to the expiration period for the funds to be
committed by the city, and shall include a detailed justification for the extension request. If not
so expended, the owners of the property on the first day of such ten-year period shall be entitled
to a pro rats refund of such initial sum (principal only), computed on a square footage of area
basis. The owners of such property must request such refund within one year of entitlement.
Such request must be made in writing to the city manager or his/her designee or such right shall
be barred.
(Ord. No. 2000-01, § 2, 1-17-2000; Ord. No. 2008-07, § 1, 3-24-2008; Ord. No. 2008-29, § 2,
10-6-2008)
Section VI. -Platting and filing fees.
a. Platting fees. Subdivision plats submitted to the commission for approval under the method provided
for herein shall be accompanied by a check payable to the city according to the fee schedule as set
by resolution and printed in Appendix D to this Code.
b. Filing fees. The subdivider shall be responsible for providing the city a check payable to the county in
which the final plat is to be fled. The amount shall be determined by the county clerk's office of the
appropriate county and shall cover the full cost of filing the plat and any associated documents
required as part of the approval issued by the commission.
(Ord. No. 2000-01, § 2, 1-17-2000)
Section VII. - Conflict with other ordinances.
All ordinances or parts of ordinances inconsistent herewith or in conflict with the provisions of this
appendix shall be and the same are hereby repealed.
(Ord. No. 2000-01, § 2, 1-17-2000)
Section Vill. - Extraterritorial jurisdiction.
a. The provisions of this appendix are hereby extended in their application to include all of the area
within the extraterritorial jurisdiction of the city. The provisions of this appendix shall have the same
force and effect within said area of extraterritorial jurisdiction as within the corporate limits of the city,
except as provided in subsections b and c of this section.
b. No violation of any provision of this appendix outside the corporate limits of the city, but within such
city's area of extraterritorial jurisdiction, shall constitute a misdemeanor under this appendix, nor
shall any fine provided for in this appendix be applicable to a violation within such area of
extraterritorial jurisdiction.
C. In the event any provision of this appendix or revision to same is violated within the area of
extraterritorial jurisdiction of the city, and outside its corporate limits, the city may institute any
appropriate action or proceedings in the district court to enjoin the violation of such appendix.
(Ord. No. 2000-01, § 2, 1-17-2000)
EXHIBIT `B"
Appendix B — SUBDIVISIONS
TABLE OF CONTENTS
SECTION I — Purpose
SECTION II - Statutory authority; jurisdiction
SECTION III — Definitions
SECTION IV — Plat submittal and filing procedures
SECTION V — Decisions of the commission
SECTION VI —General requirements and design criteria
SECTION VII — Easements
SECTION Vill — Lot design requirements
SECTION IX — Fire prevention and suppression
SECTION X— Construction plans and specifications
SECTION XI — Engineering and construction standards
SECTION XII —Tree preservation, mitigation, and maintenance
SECTION XIII — Parks and recreation areas
SECTION XIV — Fees
SECTION XV —Variances
SECTION XVI — Conflict with other ordinances
Appendix B - SUBDIVISIONS
Section I. Purpose.
The purpose of this section is to establish the procedures and requirements for the submittal, review,
consideration and action by the commission to provide the necessary details and orderly processing of
the subdivision of land within the city and its extraterritorial jurisdiction.
A. The subdivision of land shall conform to the comprehensive plan of the city, as well as all duly
adopted design criteria of the city, which shall be kept on file with the city engineer and be
available to the public. The city engineer shall maintain the design criteria manual and propose
such changes to them from time to time so that they are equivalent or more stringent than those
in the area.
B. City Council may, through a Planned Unit Development (PUD) ordinance, approve standards
different from those contained in this appendix or the design criteria manual. Where different
standards are approved, whether those standards are more stringent or less stringent, they shall
control. In no case shall a PUD decrease a required life safety code.
C. When considering the placement of streets and utilities within proposed subdivisions, the
developer shall preserve all natural features such as large trees, watercourses, historical spots,
and similar community assets which will add attractiveness and value to the property unless such
preservation results in an economic penalty of such magnitude that development of the land is
infeasible.
Section IL Statutory authority; jurisdiction.
In pursuance of the authority granted to cities and counties under the constitution and laws of the state,
including the provisions of Texas Local Government Code § 212.003, as amended, the city council does
hereby adopt the rules and regulations in this appendix governing the subdivision and development of
land within the city limits. Where there is any conflict in the subdivision ordinance or with other
ordinances, the more restrictive shall apply.
A. Effective date and applicability means all subdivision applications filed for preliminary plat
approval on or after the effective date of the ordinance from which this appendix is derived shall
be subject to these regulations. A subdivision application filed or which has received preliminary
approval prior to the effective date of the ordinance from which this appendix is derived shall be
subject to the subdivision regulations in effect at the time of filing the application for preliminary
plat approval.
B. Plat approval required.
1. It shall be unlawful for any person to subdivide any tract, lot, or parcel of land within the city
or its extraterritorial jurisdiction unless and until a preliminary and final plat of such
subdivision has been approved, or an exemption satisfied, in accordance with the terms of
this appendix. Unless and until a preliminary and final plat, amending plat or replat of a
subdivision shall have been first approved in the manner provided herein by the commission
or an exemption satisfied, it shall be unlawful for any person to construct or cause to be
constructed any street, utility, facility, building, structure, or any other improvement on any lot,
tract, or parcel of land within such subdivision, except as specifically permitted herein.
2. No building, plumbing, electrical or mechanical permit shall be issued by the city for the
construction of any structure on a lot or tract in a subdivision for which a final plat has not
been approved by the commission and filed for record or certificate of exemption issued. No
site plan shall be approved by the city for the construction of any structure on a lot or tract in
a subdivision for which a final plat has not been approved by the commission, or certificate of
exemption issued. No building, plumbing, electrical, or mechanical permit shall be issued by
the city for the construction or repair of any structure on a lot or tract in a subdivision in which
the permanent public improvements have not been approved and accepted by the city.
3. Large tract division. A division of land under subsection b.1 of this section does not include a
division of land into parts greater than five acres, where each part has access and no public
improvement is being dedicated. Access shall be satisfied by compliance with section
VI.B.1.a. Upon request by the owner of a tract resulting from this division who qualifies, the
city must issue a certificate of exemption certifying that the division meets this exception.
4. Partial plat approval. Notwithstanding section II.B.1., a subdivision plat need not include all of
a tract being divided if:
a. General.
(1) The portion of the tract being divided but not included within the plat boundaries is
not intended to be a part of the development reflected in the proposed plat; or
(2) If some or all of the portion being divided but not included within the plat boundaries
is intended to be a part of the development reflected in the proposed plat, then such
part may be platted in a subsequent phase of the development, provided the person
dividing the property submits a master plan pursuant to section W.C.A. that meets
with city approval;
b. The tracts being divided:
(1) Each have access that complies with section VI.B.1.a.; and
(2) Each are greater than five acres in size;
c. Excluding the portion of the tract being divided but not included within the plat boundaries
will not substantially alter or impede any pending or anticipated development;
d. The boundaries of the portion of the tract not included within the plat are depicted and
identified on the plat of the subdivision by dashed lines as provided for by section
IV.C.2.b.(1)(b), and with a notation thereon indicating that development of such tract is
contingent upon a subdivision plat thereof being fled and approved by the city, if such plat
is required;
e. The plat application includes an acknowledgement, executed by the owner of the tract
being divided, confirming that development of the portion of the tract not included within the
plat boundaries would be contingent upon a subdivision plat being filed and approved by
the city, if such plat is required, in accordance with the rules and regulations of the city
governing plats and the subdivision of land in effect at the time the application for plat
approval for such portion is sought; and
f. The general purposes of this appendix will be served without the necessity of including
such tract within the boundaries of the plat.
5. Upon request by the owner of the tract resulting from a division under section II.B.4.a.(1) that is
not intended to be a part of the development efiected in the proposed plat, and who qualifies,
the city must issue a certificate of exemption certifying that the division meets this exception.
C. Authority. The city shall not repair, maintain, install or provide any street or public utility service, nor
authorize the sale or supply of water or sewer service, in any subdivision for which a final plat has
not been approved by the commission and filed for record. The city shall not repair, maintain, install,
or provide any street or public utility service, nor authorize the sale or supply of water or sewage
service, in any subdivision in which the permanent public improvements have not been approved
and accepted by the city.
D. Exemptions. The provisions of these subdivision regulations shall not apply to:
1. Annexed and consolidated areas. Land legally platted and approved prior to the effective date
of the city's subdivision regulations with frontage on an existing, improved public street and with
all utilities and public infrastructure needed to serve the land.
2. In -fill tract Land constituting one or more contiguous tracts with total acreage of less than five
acres with frontage on an existing, improved public street and with all utilities and public
infrastructure needed to serve the land, for which a legal deed of record describing the
boundaryof said tractor parcel was filed of record in the deed records of the county clerk of the
appropriate county on or before the effective date of the ordinance from which this appendix is
derived.
3. Certificate of platting exemption. Upon request by the owner of a tract who qualifies for an
exemption under subsection D.1. or D.2. of this section, the city must issue a certificate of
platting exemption certifying that the division meets this exception.
Section III. Definitions.
The following definitions shall apply in the interpretation and the enforcement of this appendix. The terms
not defined herein shall be construed in accordance with the ordinances of the city or their customary
usage and meaning in municipal planning and engineering practices.
Access or accessway means the public or private street by which pedestrians and vehicles shall
have lawful and usable ingress and egress to a property line, provided, however, that access may be
provided through a private easement in a commercial development.
Alleys. Alleys shall only be used to provide secondary access to lots which otherwise have their
primary access from an adjacent street. Minimum pavement width for alleys shall be 20 feet.
Amending plat means a finished map or plan amending the lots in a previously recorded subdivision.
All property that was previously part of the lot(s) being amended shall be included in the boundaries of the
amended plat, regardless of ownership. Amended plats are approved administratively by the city
manager or the city manager's designee.
Block means an area of land within a subdivision entirely bound by streets (other than alleys),
highways, natural barriers, or the exterior boundaries of the subdivision.
Block length means the distance along a side of a street between the nearest two streets which
intersect said street on said side.
Block -face means one side of a city street between two consecutive intersections.
City means the City of Friendswood, Texas, a municipal corporation located within Galveston and
Harris Counties, Texas.
Commission means the planning and zoning commission of the City of Friendswood, Texas.
Comprehensive plan means the general plan adopted by the city council for the growth and
development of the city and its environs, including any and all elements of such plan, addressing such
topics as land use, streets and thoroughfares, utilities, drainage, parks, community facilities and schools,
as well as other related topics or plans.
Council means the duly elected governing body of the City of Friendswood, Texas.
Cul-de-sac means a dead-end street with turnaround.
Easement means a right granted for the limited purpose of use over, across or under private land.
(1) Easement, access means an easement that provides access to platted lots or reserves. The
easement shall meet all of the requirements as set forth for its intended use, including, but not
limited to, construction, width, building lines and function, but shall be privately maintained.
(2) Easement, aerial means an easement for the exclusive use of constructing and maintaining
above -ground utilities within its confines.
(3) Easement, drainage or storm water easement means an easement for the unobstructed use of
constructing and maintaining drainage facilities within its confines.
(4) Easement, maintenance. A perpetual four -foot -wide wall -maintenance easement shall be
provided on the lot adjacent to the zero lot linelproperty line, which, with the exception of walls
or fences, shall be kept clear of structures. This easement shall be noted on the plat and
incorporated into each deed transferring title to the property.
(5) Easement, sidewalk means a non-exclusive public easement for sidewalk purposes.
(6) Easement, wastewater or sanitary sewer means an easement for the unobstructed use of
constructing and maintaining wastewater lines and appurtenances within its confines.
(7) Easement, water means an easement for the unobstructed use of constructing and maintaining
water lines and appurtenances within its confines.
(8) Easement, utility means an easement granted for the purpose of placing and maintaining
utilities within its confines.
Development Meeting is an informal process to allow an exchange of information between the
developer, staff and the commission.
Filed plat means the date the complete application is submitted to the city.
Final plat means a complete and exact subdivision plan prepared in conformity with the provisions of
this appendix and other related ordinances and in a manner suitable for recording with the county clerk of
the county or counties in which said subdivision is located.
Frontage means that side of a lot abutting an accessway where the lot is assigned an address.
In -fill tract means any vacant tract or tracts of land that can be developed for the use for which they
are zoned, and which are surrounded by, or adjacent to, existing developed property.
Lot means a physically undivided tract or parcel of land having frontage on an accessway and which
is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as
a distinct and separate tract; and which is identified by a tract or lot number or symbol in a duly approved
subdivision plat which has been properly recorded.
Master Plan means the plan or map for all subdivisions to be developed in phases or sections. The
master plan shall be submitted prior to or with the plat of the first section of development of a subdivision
and with all sections thereafter. Changes anticipated for the master plan shall be approved in advance of
all platting, and the master plan map and attendant overlays or plans corrected as the changes are
anticipated.
Preliminary plat means a map or drawing of a proposed subdivision prepared in accordance with the
provisions of this appendix and which illustrates the features of the development for the purpose of review
and preliminary approval by the commission.
Private streets means a non -dedicated right-of-way or accessway, meeting all requirements of public
streets, except owned and maintained by private interests.
Public sidewalk means the minimum paved walkway, built in conformance with the city design
criteria manual and standard construction details, located within the public right-of-way, or easement
dedicated for public use, which provides continuous pedestrian access to adjacent land.
Public streets means a public right-of-way, dedicated for public use, which provides vehicular and
pedestrian access to adjacent land. Included within this definition are the following general classifcation
of streets:
(1) Major thoroughfares or arterial streets means principal traffic arteries more or less continuous
across the city and which are intended to connect remote parts of the city and which are used
primarily for fast or heavy -volume traffic.
(2) Collector streets means streets which carry traffic from minor streets to the major system of
arterial streets and highways; said street may service commercial or industrial areas.
(3) Minor streets means streets which are used primarily for access to the abutting properties and
which are intended to serve traffic within a limited area.
(4) Boulevard means streets utilizing opposing travel lanes separated by a landscaped median,
which serves to separate traffic moving in opposite directions.
Subdivider and/or developer are synonymous and are used interchangeably, and shall include any
person, partnership, firm, association, corporation and/or any officer, agent, employee, servant and
trustee thereof, who does, or participates in the doing of, any act toward the subdivision of land within the
intent, scope and purview of these regulations.
Subdivision or subdivide means the division of any lot, tract or parcel of land by plat, map or
description into two or more parts, lots or sites for the purpose, whether immediate or future, of sale,
rental or lease, or division of ownership. Any dedication and the laying out (or realignment) of new streets,
or other public accessways, with or without lolling, is a subdivision. The term "subdivision' or "subdivide'
also includes the re -subdivision and re -platting of land or lots which are part of a previously recorded
subdivision. An "addition" is a subdivision as defined herein. The term "subdivision' or "subdivide"
includes the division of land whether by plat or by metes and bounds description, and, when appropriate
to the context, shall relate to the process of subdividing or to the land subdivided.
Title certificate means a certificate prepared and executed by a title company authorized to do
business in the state or an attorney licensed in the state certifying the true owner or owners of the
property and describing all encumbrances of record which affect the property. Such certificate shall
include all property included within the platted area, and such certificate shall not have been executed
more than 45 days prior to the submission of same to the commission.
Tract means a lot or parcel of land, however denoted, fee simple title to which is owned by a person
or persons by virtue of one or more deeds or other instruments. Multiple parcels of land described in a
deed or other instrument are, despite being included in a single deed or other instrument, separate
parcels of land if such parcels are described by separate, complete legal descriptions therein.
Section IV. - Plat submittal and filing procedures.
A. Prior to the submission of the preliminary plat, the subdivider shall schedule a development meeting to
writer with the community development department staff on an informal basis to receive comments
and advice on the procedures, specifications and standards required by the city as conditions for
subdivision plat approval. At this meeting, staff shall also discuss the proposed plat and its conformity
with the comprehensive plan, its relationship to surrounding property, availability of utilities, drainage,
street pattern, and any other matters.
B. The city department responsible for accepting, reviewing master plans, plats, engineering plans (plan
profiles), and other development related documents, is authorized to establish in writing the
information that must be submitted to the city, including the form and manner of submission, for those
development documents. Should information not be submitted to the city as specified by the
appropriate city department as authorized by this section, the document may be denied by the
approving authority.
1. Masterplan. Master plan procedures are as follows:
a. The master plan shall be submitted to the planning department with the following:
(1) Completed application.
(2) Review fees (non-refundable).
(3) Overall map of total property, showing blocks, lots, reserves, sheet layouts, etc.
(4) Stormwater drainage overlay or plan view with existing topographic contours, areas to
be filled, if any, and drainage areas outlined, major dreinageways, etc.
(5) Wastewater overlay or plan view indicating the proposed ultimate capacity needs.
(6) Water main overlay or plan view indicating the proposed ultimate capacity needs.
(7) Tree preservation, mitigation, and maintenance plan.
(8) Traffic study, if required per the Design Criteria Manual.
(9) Original boundary and topographic data shall be certified by a registered professional
land surveyor. Also, any area to be filled will be shown, with approximate proposed
elevations.
(10) The number of copies of the plat specified on the application and accompanying
documents shall be submitted concurrently to the office of the city planner or designee
in the planning department via hand delivery, mail or courier. The cover of the submittal
package shall be properly addressed to the attention of the "City of Friendswood
Planning Department', clearly labeled with the type of submittal, and include the name
of the applicant. The city will not be responsible for submittals that are not addressed
and labeled with the correct information.
(11) The appropriate city department may waive one or more of the above items it deems
unnecessary due to the size of the parcel, the number of lots being created, the
proposed use and the adequacy of existing infrastructure servicing the location.
b. Staff comments shall be addressed prior to approval by the planning and zoning
commission. Said decision will be based upon a determination that the master plan meets
the requirements of this article and all other applicable city ordinances and regulations. The
master plan shall be subject to approval by the planning and zoning commission in concept
only.
c. The master plan shall expire after two years from the date of submittal, unless one of the
following occur:
(1) An application for a permit (including a plat) necessary to begin or continue towards
completion of the project is submitted;
(2) Costs have been incurred for developing the project including, without limitation, costs
associated with roadway, utility, and other infrastructure facilities designed to serve, in
whole or in part, the project (but exclusive of land acquisition) in the aggregate amount
of five percent of the most recent appraised market value of the real property on which
the project is located; or
(3) Fiscal security is posted to ensure performance of an obligation required by the
regulatory agency;
J. All master plans that are associated with planned unit developments ("PUDs") are also
subject to the requirements in the zoning ordinance.
2. Preliminary plat. Preliminary plat procedures are as follows:
a. Submittal Requirements. The plat shall be submitted to the planning department with the
following:
(1) Completed application.
(2) Review fees (non-refundable).
(3) A certificate or letter from a title guarantee company or a title attorney indicating a
current search (within 45 days of submittal to the city) and certifying to at least the
following concerning title to the land: A statement of records examined and date of
examination; description of the property in question, including a metes and bounds
description of the tract; name of the fee owner as of the date of examination, and the
date, file number, date of fling, and volume and page of any lienholders, and general
description of any easements or fee strips granted along with the file number, date of
filing, and volume and page of recording.
(4) Certification stating that all current city, county, school, utility, or other governmental
entity taxes due and payable have been paid for; a tax certificate from the city, county,
school, utility, or other governmental entity in which the land being platted is located
showing no delinquent taxes are due on the property being platted.
(5) The draft of any protective covenants whereby the subdivider proposed to regulate the
use of land in the subdivision, provided however, that such restrictive covenants,
conditions, or limitations shall not be less than the minimum requirements of the city
under the terms of these regulations.
(6) The number of copies of the plat specified on the application and accompanying
documents shall be submitted concurrently to the office of the city planner or designee
in the planning department via hand delivery, U.S. mail or courier on one of the
submittal dates advertised on the P&Z Submittal Schedule. The cover of the submittal
package shall be properly addressed to the attention of the "City of Friendswood
Planning Department", clearly labeled with the type of submittal, and include the name
of the applicant.
(7) The applicant shall submit proof that the plat was submitted to the drainage district with
jurisdiction as required by the drainage district, provided the drainage criteria of both
the city and the drainage district are the same. Proof of submittal may be a receipt of
payment or a letter on official letterhead.
(8) A copy of the instrument establishing any private easement shall be submitted with the
preliminary plat.
(9) Preliminary stormwater drainage overlay or plan view with existing topographic
contours, areas to be filled, if any, and drainage areas outlined, major drainageways,
etc., if not previously submitted in conjunction with a master plan.
(10) Preliminary wastewater overlay or plan view, if not previously submitted in conjunction
with a master plan.
(11) Preliminary water main overlay or plan view, if not previously submitted in conjunction
with a master plan.
(12) Tree preservation, mitigation, and maintenance plan.
(13) Traffic study, if required per the Design Criteria Manual.
(13) A list of deviations from the master plan made to the plat by the applicant. Significant
changes will require submittal of a revised master plan.
(14) The appropriate city department may waive one or more of the above items it deems
unnecessary due to the size of the parcel, the number of lots being created, the
proposed use and the adequacy of existing infrastructure servicing the location.
b. Graphic Requirements. Preliminary plats shall show the following graphic information:
(1) Title of plat shall show:
(a) Proposed name of the subdivision, which must not be similar to that of an
existing subdivision as to cause confusion.
(b) Legal description of subdivision, including the name of the county and surveying
abstract number.
(c) The number of lots, blocks, and reserves and the total acreage in the title block.
(d) Name and address of owner. If owner is a company or corporation, name of the
principal officer or owner of the entity responsible for the subdivision must be given.
(e) The name of the registered professional engineer and/or registered public
surveyor responsible for the survey and design. If different from the surveyor of the
boundary, so indicate.
(2) The scale must be drawn numerically and graphically shown on the plat. Graphic scale of
100 feet to the inch or larger.
(3) A north arrow (true or magnetic indicated on the plat) shall be provided on the plat. North
shall be oriented to the top of the plat if possible, or at the left side.
(4) The date on which the plat was drawn shall be indicated on the plat. Each revision shall
bear a new date. (month, day and year).
(5) Key map or vicinity map, preferably in the top right corner of the plat, showing orientation
of the area being subdivided in relation to adjacent areas and principal streets. The
suggested scale of the vicinity map is one inch equals 2,000 feet and shall be oriented in
the same directions as the detailed subdivision drawing.
(6) Location and length of boundary lines.
(a) Area to be subdivided drawn in heavy lines with overall dimensions and bearings.
(b) Lines outside of boundaries to be dashed.
(c) An accurate location of the subdivision should be provided by reference to a well -
established survey or league comer, subdivision corner, or other known point.
(7) The width, depth and location of all lots. Lot, black, and section numbers shall be placed
consecutively.
(8) All restricted reserves (HOA parks/facilities/sites, landscape amenities, parkland
dedication, and utilities) shall be labeled with the acreage shown. Only the definitions of
restricted reserves given in the article shall be used. Those reserves shall require
additional action by the commission prior to development as a residential lot.
(9) Describe the subdivision by metes and bounds.
(10) Street names shall not be duplicated in the city.
(11) The location and width of existing and proposed streets (public and private) within the
subdivision and immediately adjacent to it shall be shown, measured at right angles, or
radially when curved.
(12) The alignment of proposed streets with existing city streets..
(13) Street design dimensions or a reference to the minimum standards for tangents, arcs,
radii, etc.
(14) Name, location, width and purpose of all existing and proposed easements.
(15) Existing and proposed utilities on and adjacent to the tract up to a distance of 200 feet.
Sizes of existing utilities and the location of proposed junctions with the existing system
shall be shown.
(16) Vertical control monuments are to have half -mile maximum spacing. All elevations,
based on current National Geodetic Survey, will be registered with the city engineer
upon plat submittal.
(17) Contours with intervals of one-half foot, referred to sea level (U.S. Coast and Geodetic
Survey Data) as required to show at least two contours within the subdivision in addition
to those necessary to clearly show outfall drainage. Identify basis of control and
temporary benchmark set within the subdivision.
(16) Special Flood Hazard Areas. A statement shall be included on the face of the plat that
the property does or does not lie within a special flood hazard area. Also, the location of
special flood hazard boundaries shall be indicated upon the face of the plat where the
boundary divides the subdivision area.
(19) Names of subdivisions, streets, watercourses, pipelines and easements up to a distance
of 200 feet. If adjacent property has been subdivided into residential lots, adjacent
individual lot addresses will be shown. If adjacent property is acreage, adjacent property
ownership will be shown.
(20) Additional land in the area adjacent to the subdivision in which the applicant has legal
interest.
(21) The name of the subdivision, street names, title block information, special notes,
dedication and notary statements, and ownership certificate language are subject to
review and acceptance by the city.
(22) The applicable row(s), column(s), and notes from the Regulation Matrix per Appendix C,
Zoning Ordinance.
c. Expiration. Preliminary plat approval will expire six months after the approval by the
commission of the preliminary plat or of final sections of a preliminary plat, except that if the
subdivider shall apply in writing prior to the end of such six-month period, stating reasons
therefore, an extension may be granted by the commission, upon a showing of good cause,
for a single extension of six months.
d. The subdivider may, at his discretion, after approval or conditional approval of a preliminary
plat, file a final plat or plats covering a portion of the preliminary plat. The remainder of the
preliminary plat shall be deemed as approved or conditionally approved as in section V of
this section, provided, however, that such approval or conditional approval of the remainder
of the preliminary plat be limited to a two-year period after approval of the pertinent final
plat or plats by the commission. Prior to the end of such two-year period, the subdivider
may apply, in writing, for a one-year extension of the preliminary plat stating the reasons for
the extension. The commission may, upon a showing of good cause, grant a single
extension of up to one year.
3. Final plat. Final plat procedures areas follows:
a. No final plat shall be considered unless a preliminary plat has been submitted and approved
(unless an alternate method of plat submission is used) and a set of final construction plans
and specifications has been approved by the city engineer for the public infrastructure
improvements.
b. Submittal Requirements. After the foregoing procedure has been complied with and the
preliminary plat approved or conditionally approved by the commission, the subdivider shall
prepare or cause to be prepared a final plat, or plats, together with other supplementary
information as specified herein.
(1) Construction Plans and Specifications in accordance with Section X. Plan profiles of all
private and public infrastructure (including but not limited to water and sewer lines,
drainage and detention areas, utilities, berms, roads, sidewalks, fences, and hike and
bike trails) shall be submitted and approved by the city engineer.
(2) Utility companies' statements that easements are acceptable to provide service and no
other easements are necessary or required.
(3) If applicable, letters of review by any local, county, state and federal departments as
required by the city engineer or his designee.
(4) Statement from pipeline companies that all existing or proposed pipelines crossing the
property have been satisfactorily provided for per the requirements of the pipeline
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operator, and that the pipeline operator agrees to all pipeline crossings by proposed
streets and other subdivision features.
(5) Statement from well companies that all existing or proposed wells have been
satisfactorily provided for per the requirements of the well operator or owner, and that the
well operator or owner agrees to all setbacks from the wells for any proposed structures
or other subdivision features.
(6) The applicant shall submit proof that the plat was submitted to the drainage district with
jurisdiction as required by the drainage district, provided the drainage criteria of both the
city and the drainage district are the same. Proof of submittal may be a receipt of
payment or a letter on official letterhead.
(7) The appropriate city department may waive one or more of the above items it deems
unnecessary due to the size of the parcel, the number of lots being created, the proposed
use and the adequacy of existing infrastructure servicing the location.
c. Graphic Requirements. The final plat shall conform substantially to the preliminary plat as
approved and incorporate all the provisions relating the preliminary plats in subsection 2 of
this section, except subsections 2.a.(9), 2.a.(10), and 2a.(11) preliminary plans and 2.b.(15)
utilities and 2.b.(17). This plat shall also reflect any conditions or requirements for final
approval imposed by the commission, together with the following additional requirements:
(1) The plat shall show the location and identification of lots, streets, public highways, alleys,
parks and other features, with accurate dimensions, in feet and decimals of feet, with the
length of radii, tangents (or central angle) and arcs to all curves, and with all other
information necessary to reproduce the plat on the ground, all to be set out within the
perimeter lines.
(2) The plat shall show a heavy -lined perimeter to be the results of an accurate boundary
survey of the property by a registered professional land surveyor with bearings and
distances, and references to section/original survey comers, and showing the lines of
adjacent lands and lines of adjacent streets and their names and widths (dashed lines).
The location and datum used to determine elevations shall be noted on the face of the
plat.
(3) The square footage of each lot shall be labeled on the plat. This can be provided for in a
table.
(4) Traverse lines along streams and easements shall be shown adjacent to the high bank of
streams and waterways.
(4) The plat shall show existing pipeline easements, location of pipelines, required setbacks,
and if material being transported is hazardous.
(5) Impervious coverage. Table showing the allotted maximum percent of impervious surface
for each lot represented, per the Design Criteria Manual.
(6) Front building setback lines shall be required on residential lots and reserves for
commercial development.
(7) All dedication statements and certificates must be made a part of the final plat drawing
and must include, but not be limited to, the statements, the general forth and content of
which are provided as examples available in the Community Development Department.
Language in the statements shall be suitable for plat recording in the official records of
plat in the Galveston County Clerk's Office or Harris County Clerk's Office, as
appropriate. These dedication statements and certificates and various notations include
the following:
Owners Acknowledgment;
Execution of owner's acknowledgement;
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Lienholder's acknowledgement;
Notary public acknowledgement for all signatures;
Certificate for engineer and surveyor;
Certificate for Commission;
Certificate for Commission Secretary;
Certificate for City Engineer;
County clerk filing acknowledgment statement;
Vacation of subdivision plat;
Certificate of amending plat;
(8) Reserves, easements, rights -of -way, etc., not specifically dedicated on the plat or in
accompanying document, shall remain in the custody of the subdivision owner until
transferred by other legal means.
(9) The legal entity responsible for the maintenance of any improvements, including, but not
limited to, building, recreational area, open space, equipment, pool or private driveway,
which are to be owned and shared by the owners of real property in the proposed
subdivision, shall be designated by appropriate articles of incorporation, contracts,
restrictions, or other method. The means of securing payment for maintenance and
operating expenses and any method of terminating such obligation shall be stated in the
creating documents. The following note shall be indicated on the face of the plat:
'The City of Friendswood shall not be responsible for maintenance of private streets
(driveways, sidewalks, and emergency access easements), waterlines, sanitary sewer
lines, storm sewer facilities (detention ponds, drainage easements, outfalls and swales),
recreational areas, reserves and other private facilities that are within private easements;
the property owner or HOA/POA shall be responsible for these items. The City of
Friendswood shall be responsible for maintenance of public streets, sidewalks, street
signs, waterlines, sanitary sewer lines, storm sewer facilities, drainage easements,
outfalls and swales that are within the public right-of-way or within public air Mor exclusive
easements. The maintenance of public street lights shall be the responsibility of (insert
either Texas New Mexico Power or CenterPoint Energy as applicable'
d. Expiration. Final approval will expire one year after the commission action granting
approval of any plat unless the plat has been filed of record with the county clerk, except
that if the subdivider shall apply in writing prior to the end of such one-year period stating
reasons for needing the extension, this period may, upon a showing of good cause, be
extended by the commission for another year but not beyond that period.
e. Plat Recordation. Upon approval of the plat, the applicant shall submit to the planning
department the following items as required by Galveston and Harris Counties:
(1) Mylars including the notarized original signatures of the owner(s) and lienholders of the
property included in the plat and the original surveyor and the Galveston County
Consolidated Drainage District, it applicable. (The city will be responsible for the required
city signatures and recording the plat with the county.)
(2) Original tax certificates and receipts from all applicable jurisdictions.
(3) The letter or title certificate required in subsection Ii shall be brought up to current
date by a supplementary report form the title guaranty company or title attorney; dated
not more than 45 days from the date submitted to the city.
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(4) The original, executed protective covenants whereby the subdivider proposes to regulate
the use of land in the subdivision, provided however, that such restrictive covenants,
conditions, or limitations shall not be less than the minimum requirements of the city
under the terms of these regulations.
(5) A check, payable to the county clerk's office for either Galveston or Harris County, in the
amount of the cost of the county's recording fees.
(6) Under extreme circumstance and approval by the City Engineer, if public and/or private
improvements have not been completed and accepted by city council, the city may
accept a bond as security for the completion of the required improvements. The
applicant shall provide a letter of credit from a federally insured lending institution or
depository before the plat is recorded at the county.
4. Rapist. Replat without vacating preceding plat procedures are as follows:
a. The same procedures for final plat approval applies to the replat, except as noted.
b. The proposed replat shall be submitted to the planning department with a copy of the
preceding plat.
c. A replat of a subdivision or part of a subdivision may be recorded and is controlling over the
preceding plat without vacation of that plat if the replat:
(1) Is signed and acknowledge by all the owners of the property being replatted;
(2) Is approved by the commission;
(3) Does not attempt to amend or remove any covenants or restrictions;
d. In addition, a replat without vacation of the preceding plat must also conform to the
requirements of this subsection,
(1) during the preceding five years, any of the area to be replatted was limited by an interim
or permanent zoning classification to residential use for not more than two residential
units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use for not
more than two residential units per lot.
e. If a proposed replat described by section (d) does not require a variance or exception, in
accordance with the Texas Local Government Code, written notice shall be given not later
than the 15th day after the date of the approval.
(1) Notification shall be written notice sent to each owner of a lot in the original subdivision
that is within 200 feet of the lots to be replatted according to the most recent county tax
roll.
(2) This subsection does not apply to a proposed replat if the municipal planning commission
or the governing body of the municipality holds a public hearing and gives notice of the
hearing in the manner provided by Subsection (f).
(3) The notice of a replat must include the zoning designation of the property after the replat
and a telephone number and e-mail address an owner of a lot may use to contact the
municipality about the replat.
f. If a proposed replat described by section (d) requires a variance or exception, a public hearing
must be held by the commission. Notice of the hearing shall be given before the W day
before the date of the hearing.
(1) Notice shall be published in the official newspaper.
(2) Notice shall be given in writing, with a copy of Subsection f(3) attached, to the owners of
lots that are in the original subdivision and that are within the original subdivision and that
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are within 200 feet of the lots to be replatted, as indicated on the most recently approved
county tax roll. The written notice may be delivered by depositing the notice, properly
addressed with postage prepaid, in a post office or postal depository within the
boundaries of the municipality.
(3) If the proposed replat requires a variance and is protested in accordance with this
subsection, the proposed replat must receive, in order to be approved, the affirmative
vote of at least three -fourths of all the members present of the commission. For a legal
protest, written instruments signed by the owners of at least 20 percent of the area of the
lots or land immediately adjoining the area covered by the proposed replat and extending
200 from that area, but within the original subdivision, must be filed with the city prior to
the close of the public hearing. In computing the percentage of land area under this
subsection, the area of the streets and alleys shall be included.
g. Compliance with subsections f(2) and f(3) of this section is not required for approval of a
replat of part of a preceding plat if the area to be replatted was designated or reserved for
other than single or duplex family residential use by notation on the last legally recorded
plat or in the legally recorded restrictions applicable to the plat.
In. Expiration. Final approval will expire one year after the commission action granting
approval of any plat unless the plat has been filed of record with the county clerk, except
that if the subdivider shall apply in writing prior to the end of such one-year period stating
reasons for needing the extension, this period may, upon a showing of good cause, be
extended by the commission for another year but not beyond that period.
5. Short form final plat. Short form final plat procedures are as follows:
a. An abbreviated procedure for plat submission may be used if the proposed subdivision
satisfies the following requirements:
(1) The proposed subdivision is for development containing four lots or less
(2) All lots in the proposed subdivision front on a previously dedicated or private
accessway of adequate width and are so situated that no additional accessway,
alley, easement or public property is required to meet the regulations of this appendix
or any other ordinance of this city.
(3) All utilities and drainage facilities, as required by this appendix or any other ordinance
of this city, are in place to serve each lot in the proposed subdivision and require no
extensions.
(4) The proposed plat does not vacate, create or extend a public right-of-way or
easement.
(5) The proposed plat does not require any variance or modification to the subdivision
ordinance.
b. If a proposed subdivision satisfies the requirements of subsection 5.a. of this section, the
subdivider may seek final plat approval without necessity of submitting a preliminary plat.
Such plat shall meet all the requirements in subsection b. of this section for final plats.
c. Expiration. Final approval will expire one year after the commission action granting
approval of any plat unless the plat has been filed of record with the county clerk, except
that if the subdivider shall apply in writing prior to the end of such one-year period stating
reasons for needing the extension, this period may, upon a showing of good cause, be
extended by the commission for another year but not beyond that period.
6. Amending plat. Amending plat procedures are as follows:
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a. The city manager or the city managers designee shall have the authority to approve
amending plats, without further action of the planning and zoning commission, as permitted
by V.T.C.A., Local Government Code Chapter 212. The city manager or designee shall not
have authority to disapprove any such amending plat and shall be required to refer any plat
that the city manager or designee refuses to approve to the planning and zoning
commission. Nothing herein shall preclude the city manager or designee from electing to
present the plat to the planning and zoning commission for approval.
b. An amending plat shall contain all of the informational requirements set forth for a final plat.
c. The city manager or designee may approve an amending plat that may be recorded and is
controlling over the preceding or final plat with a vacation of that plat, if the amending plat is
signed by the applicants only and the sole purpose of the amending plat shall be to:
(1) Correct an error in a course or distance shown on the preceding plat;
(2) Add a course or distance that was omitted on the preceding plat;
(3) Correct an error in a real property description shown on the preceding plat;
(4) Indicate monuments set after the death, disability, or retirement from practice of the
surveyor responsible for setting monuments;
(5) Show the location or character of a monument that has been changed in location or
character or that is shown incorrectly as to location or character on the preceding plat;
(6) Correct any other type of scrivener or clerical error or omission previously approved by
the municipal authority responsible for approving plats. Such errors may include, but
are not limited to, lot numbers, acreage, street names, and identification of adjacent
recorded plats;
(7) Correct an error in courses and distances of lot lines between two adjacent lots if:
(a) Both lot owners join in the application for amending the plat;
(b) Neither lot is abolished;
(c) The amendment does not attempt to remove recorded covenants or restrictions;
and;
(d) The amendment does not have a material adverse effect on the property rights of
the owners in the plat.
(8) Relocate a lot line to eliminate an inadvertent encroachment of a building or other
improvement on a lot line or easement;
(9) Relocate one or more lot lines between one or more adjacent lots if:
(a) The owners of all those lots join in the application for amending the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
and;
(c) The amendment does not increase the number of lots.
(10) To make necessary changes to the preceding plat to create six or fewer lots in the
subdivision or part of the subdivision covered by the preceding plat if:
(a) the changes do not affect applicable zoning and other regulations of the
municipality;
(b) the changes do not attempt to amend or remove any covenants or restrictions; and
(c) the area covered by the changes is located in an area that the municipal planning
commission or other appropriate governing body of the municipality has approved, after
a public hearing, as a residential improvement area;
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(11) To rep let one or more lots fronting on an existing street if.
(a) The owners of all those lots join in the application for amending the plat;
(b) The amendment does not attempt to remove recorded covenants or restrictions;
(c) The amendment does not increase the number of lots; and
(d) The amendment does not create or require the creation of a new street or make
necessary the extension of municipal facilities.
d. When an amending plat is prepared, the surveyor signing and sealing the plat shall provide
a statement in the title block denoting the change, in addition to any other corrections which
have been made.
e. Notice, a hearing, and the approval of other lot owners are not required for the approval
and issuance of an amending plat.
7. Vacating of plat. The procedure for vacating a plat shall conform with the current Texas Local
Government Code and meet the same requirements as a final plat. The procedure shall consist
of:
a. The owners of the tract covered by a plat may vacate the plat any time before any lot in the
plat is sold. The plat is vacated when a signed, acknowledged instrument declaring the plat
vacated is approved by the commission and recorded as described in the plat recordation
section of this appendix.
b. If lots in the plat have been sold, the plat, or any part of the plat may be vacated on the
application of all the owners of the lots in the plat with approval by the commission.
8. Association required. A plat to subdivide property, whether residential or non-residential that
creates common area or common land shall be accompanied by a copy of documents
evidencing:
a. Approval by the Texas Secretary of State's Office of the formation of a homeowners'
association, community association, or property owners' association; and
b. Such association's assumption of the responsibility for maintenance of the common area
and/or common land.
9. CovenantslconditionsImstdctions required. Final approval of any plat to subdivide property,
whether residential or nonresidential shall not be granted unless the applicant submits a certified copy
of covenants, conditions, and/or restrictions declared for said property that:
a. Establish materials, design and/or architectural standards acceptable to the city's planning
director; and
b. Are recorded in the appropriate county clerk's office.
Section V. Decisions of the commission
A. Beginning with the submittal date of the plat, the planning and zoning commission shall approve or
disapprove within 30 days in accordance with the Texas Local Government Code (Section
212.009). Said decision will be based upon a determination that the plat meets the requirements
of this article and all other applicable city ordinances and regulations. The commission shall
approve, approve with conditions or disapprove a plat.
B. Prior to action by staff, the applicant may submit a written "notice of withdrawal" of the plat. This
will suspend the running of the 30-day period. When the plat is administratively ready for re-
submission, the applicant can then file a signed and dated "notice of re -filing" of the plat within six
months of the initial submitted date of the plat, which then starts the 30-day clock anew. A new
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application and fee will be required for plats that are re -submitted more than six months after the
initial submittal date. One "notice of re -filing" is permitted for a plat.
C. Standards for approval —the commission shall approve a plat if:
1. It conforms to the general plan of the City of Friendswood and the current and future streets,
alleys, parks, playgrounds, and public utility facilities;
2. It conforms to the general plans for extension of roads, streets, and public highways, taking
into account access to and extension of sewer and water mains and the instrumentalities of
public utilities; and
3. It conforms to this article.
D. Approve — If approved, the plat shall be endorsed with a certificate of approval by the planning
and zoning commission chairman and attested by the commission's secretary.
E. Conditional approval or disapproval —the commission shall provide the applicant a written
statement of the conditions for a conditional approval or reasons for the disapproval that clearly
articulates each specific condition. Each condition or reason specified in the written statement
must be directly related to the requirements under this appendix and include a citation to the law,
including a statute, municipal ordinance or resolution, that is the basis for the conditional approval
or disapproval, and may not be arbitrary.
1. Applicant Response —After the conditional approval or disapproval of a plat, the applicant may
submit to the commission a written response that satisfies each condition for the conditional
approval or remedies for each reason for disapproval. The commission may not establish a
deadline for an applicant to submit a response.
2. Commission Response— Once a response is received from the applicant, the commission
shall determine whether to approve or disapprove the applicant's previously conditionally
approved or disapproved plat no later than the 15' day after the date the response was
submitted. The decision of the commission must comply with section V.C. and the
commission may disapprove the plat only for a specific condition or reason provided to the
applicant previously.
3. The commission shall approve a previously conditionally approved plat or disapproved plat if
the response adequately addresses each condition of the conditional approval or each
reason for the disapproval.
4. Inaction: A previously conditionally approved or disapproved plat is approved if the applicant
files a response that adequately addresses each condition of the conditional approval or each
reason for the disapproval AND the commission does not disapprove the plat within 15 days
of the submittal of the response and in accordance with section V.E.2.
F. A plat is deemed approved by the planning and zoning commission, unless it is disapproved within
30 days.
1. An applicant may request in writing an extension of 30-day period for a period not to exceed an
additional 30 days. This request shall be submitted to the commission for consideration.
2. If the commission fails to approve, approve with conditions, or disapprove within 30 days, the
certificate on the plat shall include the date the plat was fled and a statement that the
authority failed to act on the plat within that period, in accordance with section V.A.
Section VI. — General requirements and design criteria.
A. Public and private local streets.
1. The street pattern of a neighborhood must comply with the design criteria, all requirements of
this section and shall:
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a. Provide for adequate vehicular access to all properties within a subdivision's plat
boundaries. All lots, tracts and reserves shall have frontage on an approved public
right-of-way or access easement.
b. Provide adequate street connections to adjacent properties to ensure adequate traffic
circulation within the general area.
C. Provide a local street system serving properties to be developed for residential
purposes which discourages through traffic while maintaining sufficient access and
traffic movement for convenient circulation within the subdivision and access by fire,
police and other emergency services.
d. Provide a sufficient number of continuous streets and major thoroughfares,
particularly in those areas designated for the development of multifamily residential,
commercial and industrial land uses, to accommodate the increased traffic demands
generated by these land uses.
e. When necessary to continue the neighborhood pattern for adjacent developments,
existing streets in the adjoining areas shall be continued and shall be at least as wide
as such existing streets in alignment therewith, but in no case narrower than required
by current regulation. Centerline offset shall be a minimum of 125 feet. Greater
centerline offsets may be required by the commission when necessary for traffic
safety.
f. When adjoining areas are not subdivided, the commission may require the
arrangement of streets in the subdivision to make provisions for the proper projection
of streets into such unsubdivided areas.
g Street intersections shall be as neatly at right angles as practical giving due regard to
terrain, topography, sight distances and safety.
h. Private streets, where allowed, shall meet all the requirements set forth for public
streets, including, but not limited to, construction standards, width, curves, sight
distance visibility and function, and all other design criteria and specifications, and
shall be privately maintained to those standards.
(i) Points of access. Developments of one- or two-family dwellings where the number of
dwelling units exceeds 30 shall be provided with separate and approved fire
apparatus roads and shall meet the requirements of Section D104.3 of the 2000
International Fire Code. Exceptions:
(1) Where there are 30 or fewer dwelling units on a single public or private access
way and all dwelling units are protected by approved residential sprinkler
systems, access from two directions shall not be required.
(2) The number of dwelling units on a single fire apparatus access road shall not
be increased unless fire apparatus access roads will connect with future
development, as determined by the fire marshal.
B. Collector streets generally.
1. There shall be a minimum of one point of access from a collector street into a subdivision or
subdivision phase, up to a maximum of 75 platted lots. There shall be a minimum of two
points of access into a subdivision or subdivision phase from a collector street for
subdivisions in excess of 75 platted lots. In the case of phased construction, each phase
should meet this requirement, but in no case shall there be less than one access to a
collector street per 75 platted lots.
2. A collector street may be a new or existing street built to current collector street standards for
right-of-way width and pavement width, or an existing street built to past standards but which
by definition currently functions as a collector street.
is
3. No subdivision can connect to a collector street through another subdivision unless each is
part of a planned, phased subdivision development. In such cases, the commission may
require such through streets to have additional right-of-way width and paving width, in
keeping with subsection b(1)(e) of this section, to promote better traffic flow.
4. All lots in a subdivision must be within 750 feet of an intersection on a street within the
subdivision that leads to a collector street, but the commission may approve a greater
distance in keeping with the considerations for increased cul-de-sac lengths and block
lengths.
5. The commission may permit an isolated, stand-alone subdivision to connect to a collector
street by way of a new street not built to collector standards if such street is within the plat
boundaries of the subdivision.
6. Due to existing conditions on the land being platted, such as the existence of pipelines,
bodies of water, 100-year floodplain, etc., the commission may require additional points of
access from a collector street to protect health, safety and welfare.
C. Major thoroughfares and arterial streets.
1. General. Street classification, location and alignment shall be in accordance with the
thoroughfare plan and finally determined by the commission.
2. Right-of-way width and transitions. The width of the right-of-way to be dedicated for any
designated or proposed thoroughfare or collector street shall be in conformance with the
thoroughfare plan. In those instances where the proposed subdivision is located contiguous
to an existing thoroughfare or collector street having a right-of-way less than that required by
the thoroughfare plan, sufficient additional right-of-way must be dedicated to bring the right-
of-way width in conformance with the plan. The minimum right-of-way width required for the
development of a designated or proposed thoroughfare or collector street must be of
sufficient width to accommodate the approved roadway pavement and attendant drainage
and utility facilities.
3. Curves and intersections. Curves proposed for the rightof-way of designated thoroughfares
and collector streets shall be in conformance with the current design criteria. Reverse curves
must be separated by a tangent distance of not less than 100 feet. Intersections with public
and/or private streets shall be at right angles but may vary upon approval of the commission
after due regard for terrain, topography, sight distances and safety. Where acute angles are
approved, a radius of at least 25 feel in the right-of-way line in the acute comer must be
provided.
D. Buffering major thoroughfares.
1. Where a subdivision abuts or contains an existing or proposed arterial street, the commission
may require marginal access streets, reverse frontage with screen planting contained in non -
access reservation along the rear property line, deep lots with rear service alleys, or such
other treatment as may be necessary for adequate protection of residential properties and to
afford separation of through and local traffic. If landscaping or berming is used as a buffer
between the major thoroughfare and residential property uses, the subdivider shall provide a
ten -foot landscape easement along the major thoroughfare according to the major
thoroughfare plan and shall construct sidewalks thereon in accordance with the city design
criteria manual and standard construction details.
2. Reserve strips controlling access to streets shall be prohibited except where their control is
definitely placed in the city under conditions approved by the commission.
3. Community Overlay District (COD)
a. Residential developments not facing a Community Overlay District thoroughfare shall be
required to install a visual barrier to a minimum mature height of six feet as measured from
the finished grade. The barrier shall be set back from the street right-of-way line by a
minimum of ten feet. Various materials may be utilized, including landscaped earth berms,
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provided the materials are durable and require low maintenance. All barriers shall be
maintained by the owner of the property on which such barrier is located, or by a
homeowners' association. If a homeownersassociation is to provide such maintenance, the
obligations therefor shall be set forth in writing, and filed of record in the same manner that
other restrictive covenants are filed. Subdivision plats submitted for residential property along
a COD corridor shall include detailed information and visual representations of the proposed
barrier, and such other information as deemed necessary by the planning and zoning
commission to establish compliance with this subsection.
It. Trees shall be planted adjacent to the barrier, on the COD thoroughfare side, at intervals
of 25 feet, with one-half having a minimum caliper of four inches and one-half having a
minimum caliper of two inches. Existing qualified trees may be counted toward fulfillment of
this requirement, provided that the size, species, and guaranteed duration shall meet the
criteria of the landscaping section of this appendix. (Clustering of trees shall be permitted,
provided, however, clustering shall not reduce the number of required trees, and trees shall
not be clustered so as to lessen the survival rate of other trees.)
c. Community Overlay District boundaries and requirements are located in the Zoning
Ordinance, Appendix C. Should any portion of this Section conflict with any provisions of the
Zoning Ordinance, the Zoning Ordinance shall govern.
4. Street right-of-way widths shall be as shown in the general plan for the city, and where not
shown therein shall be not less than as follows:
Street type
mum right-of-way width
120 feet
Major thoroughfare
Collector
i80 feet
Minor (private and public)
60 feet
Commercial streets
80 feet
Boulevards
100 feet
E. Partial or half streets. Partial and half streets shall be prohibited, except where essential to the
reasonable development of the subdivision in conformity with other requirements of these
regulations, and where the commission finds it will be practicable to require the dedication of the
other half when the adjoining property is subdivided, the other remaining half of the street shall be
platted within such subdivision, in accordance with section If. Appropriate notations and one -foot
reserve must be placed upon the plat restricting access from any partial or half streets so
dedicated to adjacent acreage tracts until the adjacent property is subdivided in a recorded plat
and the additional right-of-way is acquired providing the full right-of-way as specified in this
appendix.
F. Street names. Proposed street names shall be submitted to and approved by the planning and
zoning commission. Proposed streets, which are in alignment with others existing and named,
shall conform to the names of the existing streets. Street names cannot be duplicated. Prior to
plat approval, the applicant shall submit a list in alphabetical order of all streets within each
section of the proposed subdivision.
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G. Gates on private streets.
1. Entrances to communities with private streets that utilize gates shall be controlled by
electrically operated gates which are physically manner or electronically operated on a 24-
hour-per-day basis. Where electrically operated, unmanned access gates are in place on
private streets, one entrance gate at each entrance must be equipped with a 911 override
control switch. For entrances with two gated lanes of entry, only one of these gated entries
requires an electronically operated gate. The second one may be manually operated.
Construction plans and gate specifications must be submitted to the fire marshal's office and
approved prior to installation.
2. The Knox Company Model KS-2 or KS2-P (or approved equal) key operated switches are
approved by the fire marshal's office.
3. The 911 override control switch must be installed in a weatherproof box or assembly
approved by the fire marshal's office.
4. The 911 override switch must be accessible from the driver's side of every emergency
response vehicle.
5. All electrically operated access gates shall have a manual override mechanism for use in the
event of a power failure, approved by the fire marshal's office.
* Electric gates must have a rest button near the override control switch to secure the gates
when the emergency is terminated.
* Streets in existence, finally platted and approved by the city council on the effective date of
the ordinance from which this section is derived shall remain as they are; however, new
construction of private streets shall provide a ten -foot curb -face to curb -face width. The gates
in the fully opened position must provide a minimum of 12 feet clear width.
B. A sensing device that will automatically open the gates for departure or exiting is required.
Where manual exit gates exist, at least one gate at each exit shall be equipped with a 911
padlock.
9. A final inspection by the fire marshal's office is required before the gates are operational.
Each public safety department shall sign off on the acceptance form.
10. Installation of the 911 override switches on all existing gates shall be accomplished within
six months of the effective date of this article from which this section is derived. Gates and
911 switches must be maintained and kept in good working condition.
11, The owner or operator or his agent is responsible for the ordering and the installation of the
911 override control switch. An approved order form must be obtained from the fire marshal's
office.
12. Distribution of numbered master keys will be controlled by the city fire marshal's office.
Keys shall be distributed to authorized emergency response personnel only. Recordkeeping
will be maintained in the office of the fire marshal.
H. One -foot reserves. In those instances where any public street is established in a plat submitted to
the commission and where such street forms a stub street into adjacent acreage or where such
street lies along the parallel with the plat boundary and adjacent to acreage, a one -foot wide
reserve must be established within the street right-of-way to form a buffer strip, dedicated to the
public, between the public street right-of-way and the adjacent unsubdivided acreage, to prevent
access to this public street from the adjacent unsubdivided acreage unless and until the
commission has had an opportunity to review the development proposals for such adjacent
acreage, and a plat of the adjacent property is duly recorded. The conditions associated with the
establishment of a one -foot reserve on a plat are contained in the following notation which must
be placed upon the face of any plat where a one -foot reserve is to be established:
"One -foot reserve dedicated to the public in fee as a buffer separation between the side or end of
streets where such streets abut adjacent acreage tracts, the condition of such dedication being
21
that when the adjacent property is subdivided in a recorded plat, the one -foot reserve shall
thereupon become vested in the public for street rightof-way purposes and the fee title thereto
shall revert to and revest in the dedicator, his heirs, assigns or successors."
I. Culs-de-sac.
1. Length. The length of culs-de-sac shall not be longer than 750 feet. In cases where
proposed subdivisions are surrounded by existing development which precludes compliance
with block length standards, the commission may approve the creation of cul-de-sac streets
which exceed 750 feet in length if the turnaround complies with the current design criteria and
the subdivider can establish that lots fronting thereon will not, as a result of the length of such
street, be deprived of a level of public services which would otherwise be afforded to lots on
cul-de-sac streets of 750 feet or less. In considering any such application, the commission
shall consider measures which would ensure:
a. Adequate water pressure for potable water needs and firefighting capabilities;
b. The ability of the city to timely provide emergency services; and
c. That traffic hazards and traffic congestion is not created due to density or number of lots.
In achieving these measures, the commission may require the use of medians, larger lot
dimensions, or other alternative solutions deemed appropriate by the commission as may
be necessary to satisfy the intent of this section. Each application for an extended dead-
end cul-de-sac street shall be considered on an individual case -by -case basis, and
depending on the particular circumstances surrounding the property in question.
2. Cul-de-sac right-of-way radius. The proposed cul-de-sac right-of-way and pavement radii
shall comply with the requirements of the current design criteria.
3. Temporary turnarounds. Temporary turnarounds are to be used where curb and gutter is
not installed at the end of the street more than 400 feet long that will be extended in the
future and noted thus: "Crosshatched area in temporary easement for turnaround until street
is extended (direction) in a recorded plat."
J. Sidewalks. Sidewalks are required along all streets.
1. Exception: Sidewalks shall not be required in single-family residential (SFR) and single-
family residential estate (SFR-E) districts where:
a. Open ditch streets are approved; or
b. The subdivision was accepted prior to sidewalks being a required improvement; or
c. The property is an in -fill tract without an abutting sidewalk.
2. Sidewalks may not be required when, in the judgment of the planning and zoning
commission, the safety of the pedestrians does not require such sidewalks.
3. If a plat is required, the developer, prior to the city's final acceptance of the infrastructure,
must install sidewalks along reserves and rights -of -way prior to the city's final acceptance
of the infrastructure.
4. If no platting or infrastructure construction is required, sidewalks must be installed prior to
issuance of the final certificate of occupancy of the structure.
5. When sidewalks are required, they shall be built in accordance with the city design criteria
manual and standard construction details.
6. Corner lots are required to install sidewalks along each frontage that has an abutting
sidewalk.
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7. Should an existing sidewalk be removed, the sidewalk must be replaced and built in
accordance with the city design criteria manual and standard construction details.
K. Blocks.
1. The lengths, widths and shape of blocks shall be determined with due regard to:
a. Provision of adequate building sites suitable to the special needs of the type of use
contemplated.
b. Requirements as to lot sizes and dimensions.
c. Need for convenient access, circulation, control and safety of street traffic.
d. Limitations and opportunities of topography.
2. Block lengths (measured along the block -face from intersection to intersection between the
nearest two streets, or from center of the cul-de-sac radius to the nearest street intersection).
a. Minimum block length shall be not less than 300 feet, except for culs-de-sac which shall
have no minimum length.
b. Maximum block length for residential: 1,200 feet (see subsection g of this section for culs-
de-sac).
C. Maximum block length along a major thoroughfare: 1,600 feet, except under special
conditions and upon approval of the commission.
3. The commission may approve the creation of blocks which exceed the maximum length if the
subdivider can establish that lots fronting thereon will not, as a result of the length of such
street, be deprived of a level of public services which would otherwise be afforded to lots on
blocks that do not exceed the maximum length. In considering any such application, the
commission shall consider measures which would ensure:
a. Adequate water pressure for potable water needs and firefighting capabilities;
b. The ability of the city to timely provide emergency services;
c. That a traffic hazard and/or traffic congestion is not created due to density or number of
lots; and
d. Alignment of any street with a block length greater than 1,200 feet does not promote
excess speed on the street.
In achieving these measures, the commission may require the use of medians, larger lot
dimensions, or other alternative solutions deemed appropriate by the commission as may
be necessary to satisfy the intent of this section. Each application for an extended block
length shall be considered on an individual case -by -case basis, and depending on the
particular circumstances surrounding the property in question.
4. The proposed street right-of-way and pavement width shall comply with the requirements of
the current design criteria.
5. Temporary turnarounds are to be used where curb and gutter is not installed at the end of a
street more than 400 feet long that will be extended in the future, and should be noted thus:
"Crosshatched area in temporary easement for turnaround until street is extended (direction)
in a recorded plat."
L. Street lighting, signage, and signalization.
1. Street lighting shall be provided in accordance with the city streetlight policy. A proposed
street lighting plan shall be indicated on a copy of the final plat of the subdivision. The
proposed street lighting plan shall be submitted together with the construction plans for public
improvements required by section IV.C.3.b.(1) of this appendix.
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2. The developer shall be required to provide and install all traffic signage and signalization
determined by the city to be necessary because of the construction of the proposed
subdivision. All signs and signals shall be provided in accordance with the state manual of
uniform traffic control devices and shall be erected prior to acceptance of the streets by the
city.
Section VII. Easements.
A. Easements for utilities. Except where alleys are permitted for the purpose, the city shall require
easements of at least ten feet for poles, wires, conduits, storm sewers, gas, water, and
wastewater or other utility lines, along all rear lot lines, along side -lot lines if necessary, or in the
same or greater widths may be required along the lines of or across lots, where necessary for the
extension of existing or planned utilities. All water and wastewater lines shall be located in the
street rightsof-way unless agreed to and/or specified by the city.
B. Drainage easements. Where a subdivision is traversed by a watercourse, drainageway, bayou,
channel or stream, there shall be provided a stormwater easement or drainage rightof-way
conforming substantially with the lines of such watercourses, and such further width or
construction, or both, as will be adequate for the purpose. Parallels streets or parkways may be
required in connection therewith. Location and width of drainage easements shall be
determined by the commission and shall be in conformity with the city's master drainage plan.
C. Easement boundaries must be tied by dimensions to all adjacent lot and tract comers. Where the
private easement has no defined location or width, an effort shall be made to reach agreement on
a defined easement.
D. Prior to approval of the final construction plans by the city engineer, the subdivider of any
subdivision plat wherein public streets or easements are shown crossing private easements or
fee strips shall, by letter to the city, assume responsibility for seeing that any adjustments and
protection of existing pipelines, electrical transmission lines, or other facilities shall be planned
and provided for to the satisfaction of the holder of the private easements or fee strips and the
city prior to the filing of the plat for record.
E. Prior to filing the final plat for record, the following requirements shall be met
1. The developer or dedicator of any plat shall obtain from the holder of any private
easement or fee strip within the plat, crossed by proposed streets or other public
easements, an instrument granting to the public the use of said public streets or
easements over and across said private easements or fee strips for construction,
operation and maintenance of those public facilities indicated. This instrument shall be
delivered with the plat.
2. The developer shall furnish the commission with a letter from the holder of the private
easements or fee strips in question, stating that arrangements for any required
adjustments on pipelines, electric transmission lines or other similar facilities have been
made to the satisfaction of the holder of the easement.
F. Sidewalk easements. If sidewalks cannot be placed wholly within the right-of-way and must be
placed on private property, easements of the appropriate width shall be required.
Section Vill, Lot design requirements.
A. Lots.
1. The lot size, width, depth, shape and orientation, and the minimum building setback lines,
shall be appropriate for the location of the subdivision and for the type of development and
use contemplated.
2. Lot dimensions shall conform to the latest zoning ordinance.
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3. Corner lots for residential use shall have extra width to permit required building setback from
an orientation to both streets.
4. The subdividing of the land shall be such as to provide, by means of a public or private
street, each lot with satisfactory access, provided, however, such private streets shall comply
with, and are privately maintained to, the requirements for public streets.
5. Double -frontage and reverse -frontage lots should be avoided except where essential to
provide separation of residential development from traffic arteries or to overcome specific
disadvantages to topography and orientation. A planting screen easement of at least ten feet,
and across which there shall be no right of access, shall be provided along the line of the lots
abutting such traffic artery or other disadvantageous use.
6. Side lot lines shall be substantially at right angles or radial to street lines.
7. The square footage of each lot shall be labeled on the plat. This can be provided for in a
table on the plat.
B. Building set back lines. Building setback lines shall conform to the latest zoning ordinance.
C. Provide required setbacks from pipelines and active wells.
1. No residential, commercial or industrial structure other than structures necessary to operate
the pipeline shall be erected or moved to a location nearer than 50 feet to any pipeline except
low-pressure distribution system pipelines as defined in chapter 26 of this Code.
2. No residential, commercial or industrial structure shall be permitted to be built nearer than 150
feet from any active well or related facility other than structures necessary to operate the well or
facility.
D. Density. No plat shall be approved for the subdivision of land unless such plat reflects and satisfies
the minimum open space (density) requirements for the particular type of development proposed
(i.e., single-family, commercial, industrial), as provided in the zoning regulations of the city.
Section IX. Fire prevention and suppression.
These provisions shall be administered in conjunction with the city fire marshal.
A. The proposed development shall be served by fire suppression facilities at the time of issuance of
the first occupancy permit by an approved public water supply system capable of providing fire
flow in accordance with the American Water Works Association and National Fire Protection
Association (NFPA) standards for that type of development and all other NFPA codes which may
be applicable.
B. Fire protection measures shall be required to progress with construction in planned groups of
buildings in accordance with NFPA 1141, Standard for Fire Protection in Planned Building
Groups.
C. Private fire service mains and their appurtenances shall be installed in accordance with NFPA 24
Standard for Installation of Private Fire Service Mains and Their Appurtenances.
D. If a water supply does not exist, aboveground water storage tanks may be approved as an
altemate water supply. Capacity in gallons per minute and duration shall be determined by the
developer with approval of the fire marshal department. Calculations shall be stamped and sealed
by a licensed, professional engineer.
Section X. Construction plans and specifications.
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When a preliminary plat of a subdivision has been approved, the developer shall submit to the city, plans
and specifications for all improvements pertinent to said subdivision. All improvements shall be designed
and constructed in conformity with the provisions of these regulations and the current design criteria of
the city. No construction shall commence prior to compliance with these regulations. It shall be the duty
of the subdivider or his engineer to see that this provision is complied with in its entirety.
A. Submittal Requirements.
1. Application
2. Fee (non-refundable)
3. Two complete sets of plans, specifications, and contracts, including performance, payment
and maintenance bonds covering said construction, shall be filed with the city. These shall
show such features as required by the current design criteria manual including but not limited
to the following plans: water, sanitary sewer, stormwater, drainage and detention, streetlight
plan, traffic control plan, and street sign plans.
B. Approval. The city engineer shall, within 30 days of receipt of said plans and specifications,
approve same if they conform to the requirements of these regulations and the current design
criteria, or disapprove same giving its reasons therefor in writing to the subdivider. Thereafter,
when the subdivider has met the objections, if any, the city engineer shall approve the plans and
specifications and forthwith deliver same to the subdivider, his agent or his engineer.
Upon approval of the construction drawings by the city engineer, these drawings and
specifications shall become the minimum standards required for final acceptance of the
subdivision, provided, however, that in the case of conflict where the design criteria impose
greater requirements, the design criteria will govern in this deficient specification; all other
specifications being the same as had previously been approved by the city engineer.
C. Inspection Required. All public infrastructure improvements within all of the area of any
subdivision or portion thereof given final approval by the commission shall be inspected and
accepted by city council before the plat is filed of record.
The subdivider, owner, and the design engineer responsible for the design improvements shall
have the obligation upon acceptance of the preliminary plat by the city to grant the city engineer
or his authorized representative the right of ingress and egress for the purpose of inspection of
the facilities under construction. If at any time during the construction of the proposed
improvements the city engineer or his authorized representative finds the improvements not to be
in conformance with the plans and specifications of the proposed improvements and the city
subdivision ordinance or current design criteria, the city engineer or his representative will hereby
be given the authority to cause the subdivider, owner, and the design engineer for the
improvements to cease all operations within the property boundaries of the approved plat until all
deficiencies are corrected to conform to the city subdivision ordinance and current design criteria.
D. Final acceptance. The subdivider, owner or his engineer must furnish one certified complete set
of as -built drawings on the street, drainage and utilities in the subdivision before final acceptance.
The owner and the contractor must furnish to the city, upon final acceptance of the subdivision by
the city, a maintenance bond for the duration of one year from the date of final acceptance of the
subdivision. The bond shall be for 100 percent of the present worth of the installed utilities.
Section XI. Engineering and construction standards.
A. Adoption of minimum standards. The city design criteria manual shall provide the city's technical
details for infrastructure improvements and shall be updated from time to time and adopted by
resolution. The current design criteria for the city for infrastructure improvements shall be complied
with in each subdivision before final approval of a plat by the commission. The current approved
version shall be kept on file with the city secretary and the city engineer. An electronic version
shall be accessible on the city website.
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Section XII. Tree preservation, mitigation, and maintenance.
Tree Preservation, Mitigation, and Maintenance regulations located in Appendix C, Zoning Ordinance,
Section 6. Supplementary district regulations., 1. Landscaping and screening requirements.
Section XIII. — Parks and recreation areas.
A. Purpose.
1. This section provides recreational areas in the form of city parks as a function of subdivision
development in the city. This section is enacted in accordance with the home rule powers of
the city under the state Constitution, and the statutes of the slate, including, but not by way of
limitation, V.T.C.A., Local Government Code Chapter 212.
2. Park areas shall be recommended by Keep Friendswood Beautiful and shall be shown on an
official parks and recreation map for the city, which shall be adopted and may be modified
from time to time by the city council. Proposed city parks and recreational areas will be
established by review with the developer and city staff at the earliest possible stage of
development planning, and a proposed subdivision or development shall be reviewed in its
entirety and not by sections or phases.
3. The primary cost of city parks should be borne ultimately by residential property owners who,
by reason of the proximity of their property to such parks, shall be the primary beneficiaries of
such facilities. New residents will increase the demands for parks proportionally, and new
growth should bear their share of the costs of those facilities. Therefore, the following
requirements are adopted to effect the purposes herein stated.
B. General requirements. Residentially zoned land, to be used for single-family, townhomes, garden
homes, mobile homes, and/or multifamily residential purposes.
1. Whenever a final plat is filed of record with the county clerk for development of a residential
area in accordance with the platting and zoning regulations of the city, such plat shall contain
a clear fee simple dedication to the city of an area of land for park purposes, which area shall
be equal to one acre for each 133 proposed dwellings, based on the proposed subdivision or
development in its entirety and not by sections or phases. Any proposed plat submitted to the
city for approval shall show the parkland proposed to be dedicated under this subsection. The
dedication required by this section may be met by a payment of money in lieu of land when
permitted or required by the other provisions of this subsection. The dedication required by
this section should be in accordance with goals outlined within the city parks and open space
master plan, or be located at the site for an identified existing park.
2. The city council declares that development of an area smaller than five acres for the purpose
of a city park is impractical. Therefore, if fewer than 655 dwellings are proposed by a plat filed
for approval, the developer shall be required to pay the applicable cash in lieu of land
amounts provided by subsection D of this section, rather than to dedicate any land area. In
most instances, no plat showing a dedication to the city of less than five acres shall be
approved; provided, however, that the city may accept smaller parcels where such proposed
dedication is in the best interests of the city, such as when a smaller parcel is adjacent to an
existing park or future park site.
3. Developers should evaluate their proposed development and proposed dedication with city
staff to ensure that as soon in the development process as possible the land dedicated is
usable for city parks purposes.
4. A dedication required by this section shall be made in accordance with subsection D.1. of
this section. If the actual number of completed dwelling units exceeds the figure upon which
the original dedication was based, an additional dedication shall be required, and shall be
made by payment of the cash in lieu of land amount provided by subsection D of this section.
C. Timing of dedication orpayment of fees in lieu of land.
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1. Parkland shall be dedicated to the city at the time of filing of the final plat of the first phase
and section, if a phased development. The dedication shall be made contemporaneously by
separate instrument and must be accepted by the city council prior to the filing of the final
plat. Lack of acceptance of such dedication shall preclude the filing of the final plat and shall
not relieve the subdivider of complying with the requirements of this section. Where a
dedication of parkland for the entirety of a phased development is proposed, the parkland
shall be shown on the plat, if included within the first phase, and dedicated by separate
instrument, or dedicated by separate instrument if located outside of the first phase of
development, at the time of filing the final plat for the first section of such phased
development.
2. Payment of fees in lieu of land for single family residential developments shall be done at
the time of filing of the final plat. Where payment of fees in lieu of land for parks for the
entirety of a phased development is planned, such payment may be made in full for all
phases of the proposed development at the time of filing of the plat for the first phase, or
payment of fees in lieu of land for each section of a phased development may be made at the
time of fling of the final plat for each phase or section, at the discretion of the developer.
3. Payment of fees in lieu of land for multi family residential developments shall be done at the
time of site plan approval, prior to the issuance of building permits.
D. Fees in lieu of land.
1. Any landowner responsible for dedication under this section shall review their proposed
development with city staff, including Keep Friendswood Beautiful on recommendation of
staff, prior to or simultaneously with making any formal application to the city, for the purpose
of evaluating compliance with this section. If no agreement is reached between the developer
and city staff, then within 14 days from receipt of a written request by the developer, city staff
shall submit the issue to Keep Friendswood Beautiful, If Keep Friendswood Beautiful can
reach an agreement with the developer, that recommendation shall be final, subject to the
acceptance of such dedication by city council as described in this subsection D. If Keep
Friendswood Beautiful cannot reach an agreement with the developer, the planning and
zoning commission shall hear the issue at its next meeting, and shall make the final decision.
This decision is final unless there is a substantial change in conditions. Generally, the
landowner will have the option to dedicate land or pay fees in lieu thereof. However, the city
expressly reserves the right to require dedication of land rather than accept fees in instances
including, but not limited to, the proposed development is adjacent to an existing city park or
in areas in which additional parkland is desired.
2. As provided above, any landowner responsible for dedication under this section shall, when
permitted, meet the requirements of subsection C of this subsection or this subsection D in
whole or in pad by a cash payment in lieu of land, in the amount set forth in this section. Such
payment in lieu of land shall be made at or prior to the time of final plat approval for city parks
as described in subsection CA. of this section.
3. A per -dwelling unit fee shall be set by resolution and printed in from time to time by the city
council, incorporated in the fee schedule, Appendix D to this Code, in amounts sufficient to
acquire land and provide for adjacent streets and utilities for a park.
E. Parkland dedication fund.
1. There is hereby established a special fund for the deposit of all sums paid in lieu of land
dedication under this section or any preceding ordinance, which fund shall be known as the
"parkland dedication fund." Funds shall only be released from the parkland dedication fund
upon city council approval of a plan to utilize the funds to build or enhance an existing park or
purchase land for a future park.
2. The city shall account for all sums paid in lieu of land dedication under this section with
reference to the individual plats involved. Any funds paid for such purpose must be expended
by the city within ten years after the fling of the final plat, or the filing of the final plat of each
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phase or section of the contributing subdivision, if a phased development. If not so expended,
the owners of the property beginning on the first day after the expiration of such ten-year
period shall be entitled to a pro rate refund of such sum, computed on a square footage of
area basis. The owners of such property must request such refund within one year of
entitlement. Such request must be made in writing to the city manager or his/her designee or
such right shall be barred.
3. Where funds or a dedication for a phased development have been paid or made for the
entire development at one time, and the original developer does not complete all phases of
the entire development, credit for such prior dedication or payment shall be applied to
subsequent plats for the same land on a pro rate basis. Increased density will require the
dedication of additional parkland or payment of additional fees.
F. Additional requirements.
1. Any land dedicated to the city under this section must be suitable for park and recreation
uses. The following characteristics of a proposed area are preferred wherever possible:
a. The city reserves the right to decline any dedication of proposed parkland if it is
determined to be in the best interests of the city.
b. Park sites should preferably be located so that users are not required to cross arterial
roadways to access them.
G. Sites should be located adjacent to schools, where possible, in order to encourage both
shared facilities and the potential co -development of new sites.
C. Sites should be located adjacent to a greenbelt system, where possible, so that
connections to a trail network may be easily achieved.
e. Sites should not have unusual topography which would render the land unusable for
organized recreational activities where these activities are necessary to the type of park.
f. Sites should have and retain existing trees or other scenic elements.
g. Land subject to an easement or a right-of-way shall comprise no more than 25 percent
of the total land dedicated under the provisions of this section. In addition, any land that is
subject to an easement or a right-of-way and which is dedicated under this section must
be contiguous with the other area dedicated to the city and must conform to all other
requirements of this section.
h. All offers of dedication must be accompanied by a phase one environmental study
verifying the absence of conditions which would inhibit or prohibit its future use and
development as park facilities.
2. Parks should be easy to access and be open to public view so as to benefit area
development, enhance the visual character of the city, protect public safety and minimize
conflict with adjacent land uses. The following guidelines should be used in designing parks
and adjacent development:
a. Where physically feasible, parks should be bounded by streets, or by other public uses
(e.g., school, library, recreation center).
b. A proposed subdivision adjacent to a park may not be designed to restrict reasonable
access to the park from other area subdivisions. Street or pedestrian connections to
existing and future adjoining subdivisions may be required to provide reasonable access to
parks.
c. Where a nonresidential use directly abuts a park, the city may require the developer to
construct, at his expense, screening of a minimum height of eight feet. The screened area
must be landscaped on the park side. Access points from the nonresidential use to the park
may be permitted.
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d. Alleys may abut a pads, where otherwise allowed by ordinance, but they should not be
designed to encourage motorized traffic to the park.
e. Streets abutting a park shall be built in accordance with the thoroughfare plan and the
standards of this section, provided, however, the city may require any residential street built
adjacent to a park to be constructed to collector width to ensure access and prevent traffic
congestion, subject to a proportionality review of the impacts generated by the subdivision,
provided, further, that the city may enter into a development agreement with the subdivider
to share the costs of street construction for abutting streets.
f. Wildlife, existing trees and shrubs on the site shall be preserved to the greatest extent
practicable.
g. A park shall not have impervious cover exceeding 20 percent of the open space area.
3. When parkland is acquired, the city shall reserve sufficient land to provide a minimum of 50
percent of the total street width where a street is required to abut a park.
4. In all cases, the city shall review and may require modification of the proposed street
alignment fronting on city parks and recreation areas. Developers should also provide, where
possible, street or pedestrian access to all creeks or drainageways which are maintained by a
homeowner association or dedicated as a drainage and fioodway easement to the city or the
applicable drainage district.
5. Drainage areas may be accepted as part of a park if the drainage facilities are constructed in
accordance with city engineering standards, and if no significant area of the park is cut off
from access by such drainage facilities. Where the city has designated a fioodplain as part of
the city park system, the park design shall provide public access for all areas of the park.
6. Any parkland proposal considered by the commission under this section shall have been
reviewed by the director of community services and his recommendation given to the
commission. The commission may make a decision contrary to such recommendation by a
simple majority vote.
G. Partial credit for land, private parkland, private recreation facilities, or open space. Keep
Friendswood Beautiful, upon an affirmative recommendation of the director of community
services, may reduce the amount of parkland to be deeded to the city or reduce the fees in lieu of
parkland to be paid to the city as provided below.
1. A reduction from the initial parkland dedication requirement may be made where parkland
within the same park area as the subdivision which generates the required conveyance is
dedicated for a private park. For purposes of this subsection, the private parkland dedication
shall meet the following minimum requirements:
a. The park area shall be leveled and seeded by the subdivider to produce green space. The
city will determine if the parkland can be left in its natural state;
b. The park area shall be located within the subdivision generating the parkland requirements;
and
c. Restrictive covenants shall be filed of record in the appropriate county providing for the
creation and operation of a homeowner association to maintain and improve such private
park area, or, in the case of such private park area within a multifamily development, such
as an apartment complex, provide for maintenance and improvement by the owners of the
multifamily development.
2. A reduction from the initial parkland dedication requirement may be made for recreational
improvements made to private parkland within the same park area as the subdivision which
generates the required conveyance. Such recreational improvements to parkland may
include, but are not limited to, the following: children's play apparatus, landscaped areas,
picnic areas, game court areas, playfields, swimming pools, and recreation center buildings
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and faciltties. All improvements shall meet the same applicable regulations or codes as for
like improvements on public properly.
3. A reduction from the initial parkland dedication requirement may be made for common open
space, whether public or private, within the subdivision which generates the required
conveyance. Such open space may be in the form of greenbelts along creek beds, or around
the perimeter of the subdivision, and may include improvements such as hike and bike trails.
In no case shall credit be given under this subsection for landscaped or seeded medians. A
further reduction may be given where the common open space is linked with undeveloped or
developed parkland or other recreational facilities.
4. In order to receive the credits under subsection GA., 2., or 3. of this section, the subdivider
shall provide documentation to the director of community services at the time of final plat
filing sufficient to establish the validity of the estimated costs that will be used to determine
the reduction under this subsection. In the event that the developer proposes to construct the
improvements at a later date, as in a phased development, the city may require that the
developer obtain a surety bond, performance bond, or other form of guarantee that the
recreational amenities will be installed within four years from the date of filing of the final plat
of the first phase of the phased development. The director of community services shall
evaluate the documentation submitted and shall approve the value prior to any reduction
being given under this subsection. Credits are cumulative, but in no case shall credits given
under this subsection exceed 100 percent of the total dedication of land or fees required for
city parks under this appendix. In cases where the estimated costs of the improvements are
disputed, the value shall be as finally determined by the director of the community services. If
no agreement is reached between the developer and city staff, then within 14 days from
receipt of written request by the developer, city staff shall submit the issue to Keep
Friendswood Beautiful, If Keep Friendswood Beautiful can reach an agreement with the
developer that recommendation shall be final. If Keep Friendswood Beautiful cannot reach an
agreement with the developer, the planning and zoning commission shall hear the issue at
their next meeting and shall make the final decision. This decision is final unless there is a
substantial change in conditions.
5. A credit may be given of up to 50 percent of the total dedication of land or fees required
under this appendix where the developer makes improvements to public parks, as described
under subsection G.2. of this section.
6. Credit for city parks may be based on previously installed amenities within a phased
development, where amenities and recreational improvement have been constructed in
earlier phases, where no parkland dedication was required, subsequent phases for which
park dedication is required, may count those previously installed amenities. Under no
circumstances will double credit be given for a previously installed amenity.
H. Minimum park improvement standards. Prior to acceptance by the city and prior to the filing of the
final subdivision plat, any parkland dedicated to the city, or developed as a private park for credit
against parkland dedication under this section, shall meet the following minimum standards:
1. The public park area shall be leveled and seeded (as deemed necessary by the city) by the
subdivider to produce green space prior to the completion of the first phase of the
development of the subdivision, if the development is being executed in phases. Existing
trees and shrubs on the site shall be preserved to the greatest extent practicable. The
subdivider will be responsible for the maintenance of the public park area for a minimum of
one year after the completion of the subdivision (or the completion of the final phase or
section of the subdivision), at which time the city will assume maintenance responsibilities in
the park. The subdivider is also responsible for notifying each homeowner in the subdivision
of the existence of any private park area and its conditions of ownership.
2. Any improvements provided by the developer to parkland shall comply with applicable
regulations and codes set forth for such improvements.
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Section XIV. - Fees.
A. Platting fees. Subdivision plats submitted to the commission for approval under the method
provided for herein shall be accompanied by a check payable to the city according to the fee
schedule as set by resolution and printed in Appendix D to this Code.
B. Filing fees. The subdivider shall be responsible for providing the city a check payable to the
county in which the final plat is to be fled. The amount shall be determined by the county clerk's
office of the appropriate county and shall cover the full cost of filing the plat and any associated
documents required as part of the approval issued by the commission.
C. Construction plans and specifications review fees. The city reserves the right to assess fees
based upon the actual costs incurred by the city for multiple iterations of reviews of construction
plans and specifications as set by resolution and printed in Appendix D to this code.
D. Impact Fees. The City of Friendswood has elected to adopt Water and Wastewater Impact Fees
to assist in the financing of Capital Improvements for those systems that are necessitated for
growth and development anticipated within the city, as authorized by Chapter 395 of the Local
Government Code. The fees are reassessed every five years and are defined in Appendix D to
this Code. Fees are payable at the time of building permit issuance.
Section XV. Variances.
A. The planning and zoning commission may grant a variance to any of the provisions of appendix
B, except for requirements in the city's adopted engineering and construction standards, pursuant
to the procedures set forth in this section and upon a showing by clear and convincing evidence
by the applicant that:
1. There are special circumstances or conditions affecting the property in question;
2. That enforcement of the provisions of this chapter would deprive the applicant of a
substantial property right; and
3. That such variance, if granted, would not be materially detrimental to the public welfare or
injurious to other property or property rights in the vicinity.
B. Each and every application for variance shall be decided solely and entirely on its own merits;
neither the lack of enforcement of any ordinance nor the disposition of any prior or pending
application for variance may be considered or allowed to affect any decision on the application in
question. Pecuniary interests standing alone shall not be justification for the granting of a
variance.
C. The application fee and procedures for a public hearing and provision of notice shall be the same
as established by the city for a rezoning request, except that the applicant shall include a copy of
this section with any notice that the applicant is required to mail.
D. The planning and zoning commission may, by affirmative vote of at least three -fourths of is
members present and voting, grant a variance to the regulations of appendix B if it finds, by clear
and convincing evidence, that all of the following criteria are met:
1. There are unique conditions peculiar to the subject parcel or tract that do not exist on
adjacent parcels or tracts;
2. Strict application of appendix B deprives the applicant of rights commonly enjoyed by other
land in area or land with similar uses;
3. The variance, if granted, does not frustrate the intent and purpose of appendix B and
community, neighborhood, and other applicable land use and development plans, and will not
adversely affect property or property values in the vicinity of the subject site,
4. Conditions supporting the granting of the variance request are not self-created by disregard
or ignorance of federal, state, or local codes and/or ordinances; and
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5. The variance is tailored as narrowly as possible while still granting the relief sought.
E. Factors that may not be considered to support the granting of a variance include, but are not
limited, to the following:
1. Personal and/or economic hardship;
2. Misrepresentation of property conditions, uses, or regulations by a seller or agent;
3. Errors made by a surveyor, contractor, or builder; and
4. Increasing the profit, income, or competitive advantage of the applicant; and
5. Threats to locate or relocate outside of the city, or cancel or scale back a project, if a
variance is denied.
F. The applicant bears the burden of proof to demonstrate that the requirement(s) of appendix B
from which a variance is requested, if uniformly applied, imposes an undue hardship or
disproportionate burden on the applicant. The applicant shall submit statements, studies, and any
other relevant information as may be required by the city planner to substantiate the claim(s) for
which a variance is requested. If any information is so required, the application for variance shall
be deemed complete only upon the submittal of all such required information. The planning and
zoning commission and/or city council during review and consideration of the request may require
additional studies or information from the applicant, which additional information must be
submitted before any action may be taken on the variance application. The offer or submittal, at
any stage of the variance application process, by the applicant of any information that proves to
be false shall cause the variance request to be denied. If a variance request is approved based
upon information offered or submitted by the applicant, without regard to the applicant's
knowledge of the falsity of said information, and subsequent to the approval of the variance the
approving authority finds said information to be false by a preponderance of the evidence, the
variance shall be considered null and void as of the date of that finding and the approving
authority shall reconsider the variance request in light of the corrected information.
G. The decision of the planning and zoning commission on a variance request may be appealed
within 14 days of said decision by filing with the city:
1. The applicant's written appeal; or
2. A written request by two members of the city council to place consideration of the variance
upon the agenda of a city council meeting.
H. The city council shall decide the appeal at a meeting not later than 45 calendar days after the
date on which the appeal is submitted and may, by majority vote of those present and voting,
affirm, modify, or reverse the decision of the planning and zoning commission. Such decision of
the city council shall be final.
Section XVI. - Conflict with other ordinances.
All ordinances or parts of ordinances inconsistent herewith or in conflict with the provisions of this
appendix shall be and the same are hereby repealed.
Section XVII. - Extraterritorial jurisdiction.
A. The provisions of this appendix are hereby extended in their application to include all of the area
within the extraterritorial jurisdiction of the city. The provisions of this appendix shall have the
same force and effect within said area of extraterritorial jurisdiction as within the corporate limits
of the city, except as provided in subsections b and c of this section.
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B. No violation of any provision of this appendix outside the corporate limits of the city, but within
such city's area of extraterritorial jurisdiction, shall constitute a misdemeanor under this appendix,
nor shall any fine provided for in this appendix be applicable to a violation within such area of
extraterritorial jurisdiction.
C. In the event any provision of this appendix or revision to same is violated within the area of
extraterritorial jurisdiction of the city, and outside its corporate limits, the city may institute any
appropriate action or proceedings in the district court to enjoin the violation of such appendix.
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